S.I. No. 405/1999 - Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee Establishment Order, 1999.


WHEREAS pursuant to the provisions of Section 36 of the Industrial Relations Act 1946 (hereinafter referred to as ‘the Act’), 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, having regard to the existing rates of remuneration or conditions of employment of such workers, it is expedient that a joint labour committee should be established;

AND WHEREAS the provisions of Section 38 of the Act have been complied with;

AND WHEREAS the Labour Court held, in pursuance of the said Section 38, an Inquiry into the application;

NOW, THEREFORE, the Labour Court, by virtue of the powers conferred on it by Section 35 and 39 of the Act, 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 under Part VI of the Act and by Sections 44 to 50 of the Industrial Relations Act, 1990 .

(2) The Committee established by this Order may be known as the Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee.

(3) This Order may be known as the Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee Establishment Order, 1998.

(4) This Order shall come into operation on 30th December, 1999.

SCHEDULE

1. Workers employed in contract cleaning who are engaged on any of the following duties, that is to say:—the cleaning of the interior of offices, shops, hospitals, factories, stores and other similar establishments.

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 , Section 25).

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

(iii) Workers engaged on exterior structural cleaning.

2. In this schedule ‘Contract Cleaning’ means the cleaning of premises by companies engaged in whole or in part on the provision of cleaning and janitorial services in establishments such as hospitals, offices, shops, factories, stores or similar establishments on a contract basis.

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GIVEN under the Official Seal of the Labour Court this 20th day of December, 1999.

Signed KEVIN DUFFY,

Deputy Chairman.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument establishes as from 30th December, 1999 a Joint Labour Committee with the powers specified in Part IV of the Industrial Relations Act 1946 and Part III 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 by contract cleaning firms outside of the city and county of Dublin.