Labour Court directs P Elliott & Company to check subcontractors comply with agreement

The Labour Court found P Elliott & Company Limited had not been shown to breach the Construction Industry Registered Employment Agreement over subcontractor Oakchurch Landscaping Limited, but directed the company to ensure its subcontractors comply with the agreement in future. The decision was signed on 7 December 2010. Building and Allied Trades Union (BATU) alleged that the company had failed to ensure Oakchurch complied with the agreement’s subcontracting rules. The union said the work included paving and footpaths covered by the agreement. The company said Oakchurch mainly carried out soft landscaping, which was not covered, and that it had a process for checking subcontractors. The Court could not determine whether Oakchurch was covered by the agreement, so it could not find the company in breach. It nevertheless directed P Elliott & Company to ensure its subcontractors comply with the agreement’s terms in future.