S.I. No. 174/1997 - Hotels Joint Labour Committee (For the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire) Establishment Order, 1997

S.I. No. 174 of 1997.

HOTELS JOINT LABOUR COMMITTEE (FOR THE AREAS KNOWN UNTIL 1st JANUARY, 1994 AS THE COUNTY BOROUGH OF DUBLIN AND THE BOROUGH OF DUN LAOGHAIRE) ESTABLISHMENT ORDER, 1997

WHEREAS pursuant to the provisions of Section 36 of the Industrial Relations Act, 1946 , application has been made to the Labour Court for the establishment of a Joint Labour Committee with respect to certain workers including workers of the class, type or group of workers described in the Schedule to this Order and their employers;

AND WHEREAS the Labour Court, having considered the application, is satisfied that the existing machinery for effective regulation of remuneration and other conditions of employment of the workers described in the said Schedule is inadequate;

AND WHEREAS the provisions of Section 38 of the Industrial Relations Act, 1946 , have been complied with;

AND WHEREAS the Labour Court held, in pursuance of the said Section 38, an Inquiry into the application and considered objections submitted in accordance with the said Section;

NOW, THEREFORE, the Labour Court by virtue of the powers conferred on it by Section 35 and 39 of the Industrial Relations Act, 1946 and Section 45 of the Industrial Relations Act, 1990 , HEREBY ORDERS as follows:-

(1) A Committee is hereby established to perform in relation to the workers described in the Schedule to this Order and their employers, the functions assigned to it by Part IV of the Industrial Relations Act, 1946 and by Sections 44 to 50 of the Industrial Relations Act, 1990 .

(2) The Committee established by this Order may be known as the Hotels Joint Labour Committee (for the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire).

(3) This Order may be cited as the Hotels Joint Labour Committee (for the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dim Laoghaire) Establishment Order, 1997.

(4) This Order shall come into operation on 1st May, 1997.

SCHEDULE

WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in a Hotel establishment anywhere throughout the areas known, until 1st January, 1994. as the County Borough of Dublin and the Borough of Dun Laoghaire who are engaged on any of the following work, that is to say:

( a ) the preparation of food or drink;

( b ) the service of food or drink;

( c ) the provision of living accommodation;

( d ) the retail sale of goods;

( e ) work incidental to (a), (b), (c) or (d);

( f ) work performed at any office or at any store or warehouse or similar place;

BUT EXCLUDING

(i) Workers affected by any Employment Agreement, that is, "an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers." [ Industrial Relations Act, 1946 ]

(ii) Workers to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

2. In this Schedule "Hotel" means either:

( a ) a premises registered in the register of hotels under the provisions of the Tourist Traffic Acts, 1939 to 1995

OR

( b ) a premises licensed under the Licensing Acts, 1833 to 1995 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

Given under the Official Seal of the Labour Court this 25th day of April, 1997.

EVELYN OWENS

CHAIRMAN

EXPLANATORY NOTE

This Instrument establishes, as from 1st May, 1997, a Joint Labour Committee with the powers specified in Part IV of the Industrial Relations Act, 1946 and Sections 44 to 50 of the Industrial Relations Act, 1990 , regarding the fixing of the minimum rates of remuneration and the regulation of conditions of employment of certain workers employed in hotel establishments anywhere throughout the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire.