INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
TOM SCALLY COMMUNICATION CONTRACTORS LTD
(REPRESENTED BY COMMUNICATIONS WORKERS UNION (CWU)
- AND -
IRISH NATIONAL PAINTERS & DECORATORS TRADE UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Alleged breach of The Construction Industry Registered Employment Agreement (REA) on Pensions, Assurance and Sick Pay.
2. The Union alleges 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 as the firm is engaged in construction work and is covered by the definition of a Civil Engineering firm as outlined in the First Schedule to the Agreement. On the 20th May, 2004 the Union referred a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Court hearing was held on the 27th January, 2005.
3.1 It is the Union's contention that Civil Engineering work is involved in the laying of cables and therefore the Company is liable under the REA.
4.1 The Company is not an employer as defined in the Registered Employment Agreement (Construction Industry) Pension, Assurance and Sick Pay (REA).
2. The objects for which the Company is established are:- to carry on the business of all aspects of cable laying, cable maintenance, pole erecting, aerial and cable erecting for the telecommunications industry.
3. Traditionally, all work in the field of telecommunications was carried out by Telecom Eireann (later Eircom). Eircom is not a company as defined in the REA and as such, has never been subject to its provisions.
4. The Company has its own formal arrangements in place in regard to pensions provision for employees and informal arrangements in place in regard to sick pay.
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, 1969.
The Court heard submission from both sides. The Company's representative submitted to the Court that the Registered Employment Agreement does not apply to the respondent. He stated that the Company is engaged in the business of "cable laying, cable maintenance, pole erecting, aerial and cable erecting for the telecommunications industry" and is not one of the activities specified in the First Schedule to the Agreement, which defines the activities covered by the Agreement.
The complainant Union submitted to the Court that the respondent is a firm engaged in construction work and is covered by the definition of a Civil Engineering firm as outlined in the First Schedule to the Agreement.
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
14th February, 2005______________________
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.