Facts
[M. AG] is a construction company that carries out excavation and earthmoving work, vehicle transport, gravel and sand deliveries, as well as foundry moulding sand deliveries. The Foundation for Flexible Retirement in the Main Construction Industry (Stiftung FAR) demanded that [M. AG] pay contributions in accordance with the generally declared collective labour agreement for flexible retirement in the main construction industry (GAV FAR). [M. AG] refused to pay the contributions, as it believed it was not subject to the GAV FAR. The Insurance Court of the Canton of Aargau ordered [M. AG] to pay the Stiftung FAR retroactive contributions amounting to CHF 228,628.80 plus interest. [M. AG] appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court first stated that the operational scope of the GAV FAR, pursuant to Art. 2 para. 4 of the declaration of general applicability (AVE), applies to companies in the main construction industry, such as excavation and demolition companies. Since the lower court had determined that the activities of [M. AG] were attributable to the main construction industry, the Federal Supreme Court affirmed the operational scope. Regarding the personal scope, the Federal Supreme Court found that, according to Art. 2 para. 5 AVE, the GAV FAR generally covers all employees, including specialists such as machine operators and…