Written answers

Tuesday, 28 March 2006

Department of Enterprise, Trade and Employment

Pension Provisions

11:00 pm

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 263: To ask the Minister for Enterprise, Trade and Employment if it is his intention to implement the recommendation in the Mercer human resource consulting study of the construction sector, carried out on behalf of the Pensions Board, that the construction industry monitoring agency be given new statutory powers to enforce compliance with the construction industry's mandatory pension scheme. [11675/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The construction federation operatives pension scheme, generally referred to as CFOPS, has been established on foot of a registered employment agreement for the construction industry. A separate registered employment agreement in the construction sector provides for the establishment of statutory rates of pay and related working conditions of employment. The terms of both agreements apply to a range of categories of workers in the industry.

Compliance with CFOPS has been an issue of concern for some time and it prompted the Pensions Board to engage Mercer Consultants to carry out a review. Mercer's report sets out a range of recommendations that have policy and operational implications for various Departments that are being examined at present.

At present, enforcement of compliance with the CFOPS is a matter primarily for the Labour Court. In pursuing the matter the Labour Court can be assisted by the labour inspectorate. Acting on specific information from the court, the employment records of an employer will be examined by an inspector and any relevant information gathered is communicated back to the court subsequently. The inspectorate has no other function in the matter.

The current social partnership talks have a focus on the broad spectrum of employment standards and, in this context, are considering a range of issues in regard to compliance and enforcement of the obligations, rights and entitlements provided for in the existing comprehensive corpus of employment rights legislation. Compliance with the two registered employment agreements that cover the construction industry will feature in those deliberations and are likely to take cognisance of the Mercer report.

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