INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946
DUNNE'S DRILLING SERVICES LTD
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD.)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Interpretation of Construction Industry (Wages And Conditions of Employment) Registered Employment Agreement
2. The case before the Court concerns a dispute between the Company and Union in relation to the application of the Registered Employment Agreement (Wages and Conditions of Employment) for Dunnes Drilling Services Ltd. The Union is claiming that the activities undertaken by the Company are covered in the Second Schedule of the REA and that the wages and conditions of employment included therein should be applied in this case. The Company rejects the claim on the basis that the Company is involved in digging wells only and has no part in the Construction Industry or any of the related activities included in the Registered Employment Agreement.
The dispute could not be resolved at local level and was referred to the Labour Court under Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 16th December, 2005.
3.1 The Second Schedule of the Registered Employment Agreement provides a rate of pay for Grade B operatives which is 91% of the Crafts mans rate. This work includes pipe layers and directional drill rigs (for pipe laying) which reflects the work undertaken by workers in this Company.
4.1 The Company is involved in the drilling of wells. It does not carrry out any of the activities listed in the Second Schedule or the Registered Employment Agreement, nor is the principal part of its business associated with the Construction Industry.
Having considered the written and oral submissions of the parties, and having examined the Registered Agreement, the Court has formed the view that this Company is one which is covered by the terms of the Registered Employment Agreement (Wages and Conditions of Employment) for the Construction Industry.
The Court so decides.
Signed on behalf of the Labour Court
9th January 2006______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.