The applicant union sought declarations under sections 69 and 1(4) of the Labour Relations Act, 1995, alleging a sale of business and that the responding parties operated associated or related businesses under common control.
The Board dismissed the section 69 application as it was not pursued.
Regarding section 1(4), the Board found that Roycet was solely a sales and marketing company not engaged in the construction industry, and dismissed the application against it.
For A.R.G. and Tiberini Limited, while acknowledging they were related employers, the Board declined to exercise its discretion to make a single employer declaration.
The Board found no scheme to defeat bargaining rights or transfer of work, noting the applicant acquired its bargaining rights with full knowledge of the existing arrangements and the potential for a jurisdictional dispute over the installation of the new wall systems.