INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
DAVID DALY BUILDING CONTRACTOR
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay.
2. The dispute before the Court concerns a claim by the Union alleging that the Company is in breach of the Construction Industry Registered Employment Agreement (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. The Company rejects the claim and contends that the Company is a small construction company with three employees. The three employees are working foremen on building sites and are not subject to the REA (Pensions Assurance and Sick Pay). The Company further contends that it has a pension scheme in place and no details have been provided by the Union in relation to what aspect of the REA the Company is not complying with.
- The Union contends that the Company's pension scheme does not meet the terms of the REA in that its scheme is not a defined benefits scheme. There is no underwritten sick pay scheme in place. It is non transferrable.
- On the 11th August, 2005, 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 June, 2006.
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that the appropriate forum for dealing with the Union’s complaint to the Court under Section 32 of the Industrial Relations Act, 1946 is under Clause 5 of the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) which provides for “Machinery for Settling Grievance and Disputes”, dealing with Category A disputes.
Decision of the Court
In accordance with Section 32(1)(b) of the Industrial Relations Act 1946 the Court directs both the Employer herein and BATU to comply with Clause 5 of the Agreement “Machinery for Settling Grievances and Disputes”, within the time frame laid down in the agreement.
Signed on behalf of the Labour Court
Enquiries concerning this Decision should be addressed to Joanne O'Connor, Court Secretary.