Facts
The Foundation for Flexible Retirement in the Main Construction Industry (FAR) filed a lawsuit against [X. AG] to compel it to pay contributions for the "Timber Construction" and "Building Envelope" sectors. The Social Insurance Court of the Canton of Zurich ordered [X. AG] to pay contributions to the FAR Foundation for the "Building Envelope" sector, but dismissed the claim for the rest.
Both the FAR Foundation and [X. AG] appealed the decision to the Federal Supreme Court. The Federal Supreme Court consolidated the two proceedings and decided as follows:
Considerations
The Collective Bargaining Agreement for Flexible Retirement in the Main Construction Industry (CBA FAR) does not apply to the "Timber Construction" sector of [X. AG] . [X. AG] had validly waived its membership rights and obligations for this sector vis-à-vis the Swiss Builders' Association (SBV), so the CBA FAR is not applicable to "Timber Construction".
However, the "Building Envelope" sector of [X. AG] falls within the material scope of the CBA FAR. According to the interpretation of the Federal Supreme Court, the term "Building Envelope" does not include unplastered facades and compact facades, but only curtain walls, which mainly fall within the scope of activities of roofing, plumbing…