Agricultural Wages Act, 1936

Orders of the Board fixing minimum rates of wages.

17.—(1) Subject to the provisions of this section the Board shall, as soon as may be after the commencement of this Act and thereafter from time to time as they think proper, by order fix, in respect of each wages district, the minimum rates of wages for agricultural workers for time work, and may, if and so far as they think it necessary, fix, in respect of such district, the minimum rates of wages for agricultural workers for piece work.

(2) Any minimum rates fixed by the Board in respect of a wages district may be so fixed as to apply universally to such district or to any special class of agricultural workers or to any special part of such district or to any special class in a special part, subject in each case to any exceptions which may be made for employment of any special character and so as to vary according as the employment is for a day, week, month, or other period, or according to the number of working hours or the conditions of the employment, or so as to provide for a differential rate in the case of overtime.

(3) Any order made by the Board under this section may define the benefits or advantages (not being benefits or advantages prohibited by law) which may be reckoned as payment of wages in lieu of payment in cash and the value at which they are to be reckoned.

(4) Subject to the provisions of this section, the Board may at any time by order amend or revoke an order made under this section including this sub-section.

(5) An order made by the Board under this section may relate to any number of wages districts and may contain different provisions in relation to different such districts.

(6) The following provisions shall have effect in relation to every order made by the Board under sub-section (1) of this section fixing minimum rates of wages, that is to say:—

(a) the Board shall, before making such order serve notice of their intention to make such order on, in case the order is intended to relate to one wages district only or to two or more wages districts in the same agricultural wages area, the committee for the agricultural wages area which includes such district or districts or, in case such order is intended to relate to two or more districts included in different agricultural wages areas, the committee for each such area;

(b) where the notice is to be served on one committee only, the said committee may within two months after the date of such service make to the Board recommendations in relation to such minimum rates;

(c) where the notice is to be served on two or more committees, each such committee may, within two months after the date of such service, make to the Board recommendations in relation to such minimum rates so far as such minimum rates apply in respect of any wages district included in its agricultural wages area;

(d) the Board shall not make such order until the expiration of the said two months, unless recommendations have been previously made by the committee or committees upon whom such notice has been served;

(e) in case any recommendations are made by the said committee or committees before the expiration of the said two months, the Board shall take into consideration such recommendations in making such order.

(7) The following provisions shall have effect in relation to any order (in this sub-section referred to as an amending order) made by the Board under sub-section (4) of this section amending or revoking an order made by the Board, that is to say:—

(a) the Board shall, before making such amending order, serve a draft of such amending order on, in case it is intended to relate to one wages district only or to two or more wages districts in the same agricultural wages area, the committee for the agricultural wages area which includes such district or districts or, in case such order is intended to relate to two or more wages districts included in different agricultural wages areas, the committee for each such area;

(b) where the said draft is to be served on one committee only, the said committee may within two months after the date of such service make to the Board recommendations in relation to such amending order;

(c) where the said draft is to be served on two or more committees, each such committee may, within two months after the date of such service make to the Board recommendations in relation to such amending order so far as it applies in respect of any wages district included in its agricultural wages area;

(d) the Board shall not make the amending order until the expiration of the said two months, unless recommendations have been previously made by the committee or committees upon whom such draft was served;

(e) in case any recommendations are made by the said committee or committees before the expiration of the said two months, the Board shall take into consideration such recommendations in making such amending order.

(8) The making of an order by the Board shall be prima facie evidence that the requirements of sub-sections (6) and (7) of this section have been complied with.

(9) Any document required by this section to be served on the committee for an agricultural wages area shall be served on such committee in one or other of the following ways, that is to say:—

(a) by delivering such document to the secretary of such committee;

(b) by sending by post in a prepaid registered letter addressed to the said secretary at his last known place of abode such document.

(10) Every order made under this section shall be laid before Dáil Eireann as soon as may be after it is made, and, if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.