INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
2. The case before the Court concerns a dispute between Pumpower Ltd and Building and Allied Trade Union (BATU) in relation to the application of the Construction Industry Registered Employment Agreement (Pensions, Assurance and Sick Pay). The Union is claiming that the Company are covered on the basis that the principal part of their business is related to the Construction Industry. The Company rejects the claim on the basis that the principal part of its business is the hiring and selling of pumps and not the activities outlined in the Registered Agreement.
The dispute was referred to the Labour Court in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court Hearing took place on the14th December, 2005.
3. 1. The supply and installation of the pumps amounts to 80% of the Company's business and takes place on Construction sites, therefore the Registered Employment Agreement applies in this case.
4. 1. The principal business of the Compay is the supply of pumps to varied customers. The Company is not involved in installation, therefore, the terms of the Registered Employment Agreement do not apply in this case.
On the evidence presented to it, the Court is not convinced that the principal business which the Company is engaged in is Construction and accordingly does not find that Pumpower Ltd is a qualifying Company within the terms of the Construction Industry Registered Employment Agreement (Pensions Assurance and Sick Pay).
Signed on behalf of the Labour Court
9th January 2006______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.