S.I. No. 225/1977 - Catering Joint Labour Committee Establishment Order, 1977.

S.I. No. 225 of 1977.

CATERING JOINT LABOUR COMMITTEE ESTABLISHMENT ORDER, 1977.

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 Sections 35 and 39 of the Industrial Relations Act, 1946 , 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 .

(2) The Committee established by this Order may be known as the Catering Joint Labour Committee.

(3) This Order may be cited as the Catering Joint Labour Committee Establishment Order, 1977.

(4) This Order shall come into operation on 8th July, 1977.

SCHEDULE.

1. Workers employed in a catering establishment anywhere throughout the State except the Co. 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 ) work incidental to (a) or (b) and performed at any store or warehouse or similar place in the catering establishment.

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 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".

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

(iii) Manager, assistant managers and trainee managers.

2. In this Schedule "Catering Establishment" means a premises or part of a premises primarily used for supplying to any persons, not for the time being resident on the premises, for reward food or food and drink for consumption on the premises, including fish and chip shops and ice cream parlours.

BUT EXCLUDING.

(i) premises registered in the register of hotels under the provision of the Tourist Traffic Acts 1939-1975.

(ii) premises licensed under the licensing Acts 1833-1962 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 5th day of July, 1977.

J. G. McCAULEY.

A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the seal of the Court.

EXPLANTATORY NOTE.

This Instrument establishes as from 8th July, 1977, a Joint Labour Committee with the powers specified in Part IV of the Industrial Relations Act, 1946 , regarding the fixing of minimum rates of remuneration and the regulation of conditions of employment of certain workers employed in Catering establishments throughout the State except the County Borough of Dublin and the Borough of Dún Laoghaire.