INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
MR PAT MAHER
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Construction Industry Registered Employment Agreement - Pensions, Assurance and Sick Pay.
2. A Labour Court hearing took place on the 13th December, 2005. The following is the Court's Decision:
The Union complained to the Court that Pat Maher Ltd (the Respondent) had contravened the Registered Employment Agreement (Construction Industry Pension, Assurance and Sick Pay) (the Registered Agreement) in failing to enter all of its employees in an appropriate pension, assurance and sick pay scheme in accordance with the terms of the Registered Agreement.
The Respondent told the Court that it had a pension and sick pay scheme in place which provided benefits in line with those prescribed by the Registered Agreement. It acknowledged that not all of its employees were entered in this scheme. The Solicitor for the Respondent told the Court that some of its employees objected to being entered in the scheme. Details of the contributions to and benefits provided by the scheme were provided to the Court.
The Court is satisfied on the information submitted to it that the scheme operated by the Respondent does not provide retirement, mortality nor sick pay benefits in line with those prescribed by the Registered Agreement. It is also apparent that the contribution payable by the employees to the scheme significantly exceeds that specified by the Registered Agreement. Further, what is obligated by the Registered Agreement is that all of the Respondent's employees be entered in an appropriate scheme and there is no provision for contracting out of that obligation.
For all of the foregoing reasons the Court is satisfied that the complaint herein is well-founded. Having so determined, the Court will defer making any further Order in this matter for one month from the date of this Decision so as to allow the parties to have further discussions on the measures necessary to bring the Respondent into compliance with the Registered Agreement.
Signed on behalf of the Labour Court
22nd December, 2005______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.