INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
ACCELERATED DRAIN CLEANING LTD
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Alleged breach of the Construction Industry Registered Employment Agreement - Pensions Assurance and Sick Pay.
2. This is a complaint by Irish National Painters & Decorators Trade Group (the Union) alleging a breach of the Registered Employment Agreement (REA) (Construction Industry, Pensions Assurance and Sick Pay), (the Agreement) by Accelerated Drain Cleaning Limited (the Employer).
- On the 3rd August, 2005, the Union referred the complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 9th February, 2007.
3.1The Union argues that the Companies Registration Office (CRO) confirms the Companies details, and their Articles of Memorandum of Association states that the company is engaged as plumbing, building and general contractors, painters and decorators, central heating contractors, jointers, fitters, layers of pipes and installers of sewage systems, as site clearance contractors' all of which are listed in the Class of Workers to whom the REA applies.
- 4.1The Company contends that the employees are not workers of the class to whom the Agreement applies. The Company is engaged in the business of "drain inspection and cleaning". The Company does not carry out any of the activities listed in the First Schedule of the Agreement. The activities which the Company carries out for construction firms does not constitute work upon sites. The Companies activities for construction firms does not constitute its principal business.
2 The Company states that it's workers are members of SIPTU and the Company recognises SIPTU as its employee's representatives. All members are welcome to join the pension scheme established in October, 2003. details supplied to the Court. The Company pays sick pay to employees at the Company's own discretion.
This case concerns an alleged breach of a Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) and is brought under Section 32 of the Industrial Relations Act, 1969.
The Court heard submissions from both sides. The Company’s representative submitted to the Court that the Registered Employment Agreement does not apply to the respondent. She stated that the Company is engaged in the business of “drain inspection and cleaning”; it is not involved in the repair or maintenance of drains and is not one of the activities specified in the First Schedule to the Agreement, which defines the activities covered by the Agreement.
The complainant Union submitted to the Court that the respondent is a firm engaged in construction work and is covered by the definition of both a building firm and a Civil Engineering firm as outlined in the First Schedule to the Agreement.
Having investigated the matter, the Court is satisfied that the respondent is not a firm covered by the First Schedule to the Registered Employment Agreement (Construction Industry Pension, Assurance and Sick Pay) and accordingly it cannot be in breach of the Agreement.
Therefore, the Court is satisfied that the complaint is not well founded and dismisses the complaint.
Signed on behalf of the Labour Court
19th February, 2007______________________
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.