INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
THOMAS BRENNAN & SONS LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP
Chairman: Mr McGee
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
1. Alleged breach of the Construction Industry Registered Employment Agreement on Pensions Assurance And Sick Pay.
2. The Union alleges that the Company is in breach of the Construction Industry Registered Employment Agreement (REA) as it has not registered its employees in the Construction Federation Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of its business i.e. that it is a Plant Hire Company and operates on building sites.
The Company states that its principal business is plant hire. The business is divided between Machinery Plant Hire including drivers - 42% of the business, Haulage Hire-39 % of business, Landscape Maintenance (Grass Cutting and Litter Picking) Hire of Machines without operators and other sales amount to approximately 19% of business. The hiring out of machinery can be done with or without the Company's drivers. The Company states that it does not engage in any ground work or civil engineering contracts. The Company is essentially deemed as a service provider. The REA, First Schedule Section 1 and 2 do not encompass in its definitions of a building firm or a civil engineering firm, the primary functions of the Company. The Company maintains that it is not covered by the Construction Industry REA on Pensions Assurance and Sick Pay.
The Union submitted a complaint to the Labour Court on the 13th April, 2004 under Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing was held on the 28th October, 2004. Subsequently both parties submitted additional information which was considered by the Court.
The Court has considered the complaint of the Union and has concluded on the basis of the submissions made to it that the primary functions of the Company's business are not within the definitions of a building or civil engineering firm as set out under the REA.
The Court so decides.
Signed on behalf of the Labour Court
23rd June, 2006
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.