INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
MR MARK HUGHES
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
2. The case before the Court concerns a complaint by the Building and Allied Trade Union that Mr Mark Hughes is in breach of the Construction Industry Registered Employment Agreement (REA) on Pensions Assurance and Sick Pay in that he has not implemented the Construction Industry
Federation Operatives Pension Scheme (CIFOPS) for workers covered by the agreement.
The Union's position is that the employer has, in his employment, workers that are covered by the REA, and that the employer should be contributing to the CIFOPS on their behalf.
The employer's position is that he is a sub contractor who employs other sub contractors when necessary and is therefore not covered by the REA.
The Union submitted its complaint in Novemeber 2005. A Labour Court Hearing took place on 4th April, 2006.
3. 1 The Respondent employs workers that are covered by the terms of the Registered Employment Agreement and have an entitlement to have the appropriate pension and mortality cover as provided therein. It is unacceptable that the employer has continually failed to meet his obligations under the Agreement.
2. The workers in question do not meet the necessary criteria to be classed as bona-fide subcontractors and instead should be classed as PAYE workers.
4. 1. The employer has no workers that are covered by the terms of the Registered Agreement. At times due to the pressures of business, the Respondent employs sub-contractors on C45 basis and no obligation exists with regard to pension and mortality cover as these workers are not covered under the terms of the REA.
From the evidence adduced at the hearing, the Court decides that the workers concerned are covered by the terms of the Registered Employment Agreement. TheCourt, therefore decides also to order an inspection in this matter.
Signed on behalf of the Labour Court
21st July 2006______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.