INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
LASER ENGINEERING LIMITED
- AND -
IRISH NATIONAL PAINTERS AND DECORATORS TRADE GROUP
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr. Somers
1. Alleged breach of the Construction Industry Registered Employment Agreement on Pensions, Assurance and Sick Pay.
2. The case before the Court concerns an alleged breach of the Construction Industry Registered Employment Agreement on Pensions Assurance and Sick Pay, brought under Section 32 the Industrial Relations Act, 1946.
The Company was established in 1982 and is a steel fabrication and maintenance firm There are approximately 55 employees in the company, none of whom are either craftsmen or construction operatives as referred to in the Registered Employment Agrement.
The Union alleges that the Company is in breach of the Construction Industry REA as it has not registered its employees in the Construction Federation Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of its business i.e that it operates on building sites.
The Company reject the claim on the basis that their business is one of manufacturing and maintenance and only a very small portion of their business is involved with installation on site.
3. 1. The Company registered with Construction Federation Operatives Pension Scheme and in April 2003 had two workers registered with the scheme. They were informed of their obligations under the scheme and agreed to register the rest of their employees. To date this has commitment has not been honoured.
4. 1. The Company is a steel fabrication and maintenance firm and is not covered by the terms of the Registered Employment Agreement on Pensions Assurance and Sick Pay. The main part of its business is the manafacturing of stairs, railings balconies etc. If required it will install products on site although this represents a minute percentage of its total business.
This case concerns an alleged breach of a Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is brought under Section 32 of the Industrial Relations Act, 1946.
The Court heard submissions from both sides. The representative from the Union submitted to the Court that the respondent is a firm engaged in construction work and is covered by the definition of a building firm as outlined in the First Schedule to the Agreement.
Counsel for the Company submitted to the Court that the Registered Employment Agreement does not apply to the respondent, as it is a manufacturing Company and carries out a minor amount of installation work on site.
Having investigated the matter, the Court is satisfied that the respondent is not a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is therefore not covered by the terms of the registered employment agreement.
Therefore, the Court is satisfied that the complaint is not well founded and dismisses the complaint.
Signed on behalf of the Labour Court
9th December, 2004______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.