INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
GROGAN ENGINEERING LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Mr. Somers
1. Alleged breach of the Construction Industry Registered Employment Agreement (REA) on Pensions, Assurance and Sick pay.
2. The Company was established in 1988 and is in the business of manufacturing a variety of metal work products. It's principle business is ballustrading and other products include balconies and railings. There are 27 people employed none of which are either craftsmen or construction operatives as referred to in the Registered Employment Agreement.
- The Union alleges the Company is in breach of the Construction Industry REA as it has not registered it's employees in the Construction Federations Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of it's business i.e that it operates on building sites. On the 15th September, 2003, the Union referred a complaint to the Labour Court under Section 32 if the Industrial Relations Act, 1946. A Court hearing was held on the 28th April, 2004.
The Court is satisfied that the respondent Company is not a building or civil engineering firm within the meaning of the First Schedule of the Registered Employment Agreement for the Construction Industry. Since the Company is not encompassed by the agreement it cannot be obligated to apply it's terms to any of it's employees.
Accordingly the complaint herein is not well founded and is dismissed.
Signed on behalf of the Labour Court
8th June, 2004______________________
Enquiries concerning this Decision should be addressed to Joanne O'Connor, Court Secretary.