I propose to take Questions Nos. 6 and 59 together.
An employment agreement relating to pensions assurance and sick pay in the construction industry has been registered by the Labour Court at the request of the Registered National Joint Industrial Council for the Construction Industry. The agreement provides for pension, mortality and sick pay benefits. The agreement applies to the categories of workers specified in the agreement who are employed by building or civil engineering firms as defined in the agreement. One of the main provisions of the agreement in question is that each worker affected must receive from his employer the benefits of a pension scheme and a sick pay scheme which are no less favourable than those set out in the agreement. Every employer in the construction industry is, therefore, obliged to provide these benefits either under the construction federation operatives pension scheme or under some other scheme. The effect of the registration of the agreement by the Labour Court is to make these arrangements legally enforceable.
However, the Labour Court can only act on the basis of complaint that the terms of the registered agreement have not been complied with. The Construction Industry Federation — which administers the construction federation operatives pension scheme — employs a team of inspectors to ensure that construction firms are complying with the agreement. Employees in the industry are advised by the trade unions and the pension scheme management to check regularly that their pension contribution deductions are being passed on. If an employee discovers at any time that his contributions have not been paid over and the employer is still in business it is possible to compel the employer to pay over any arrears of contributions.
The Protection of Employees (Employers' Insolvency) Act, 1984, protects both employers' and employees' outstanding contributions to an occupational pension scheme for a period up to a year prior to the date of insolvency of an employer. This applies to employer insolvencies occurring on or after 22 October, 1983. Therefore, in any instance where employers, who are covered by the construction federation operatives pension scheme, have become insolvent, the trustees of the scheme should apply to my Department for the payment of any outstanding contributions allowed under the Act.