Employment Regulation Order Catering Joint Labour Committee (For Areas Other Than the Areas Known, Until 1St January, 1994, As the County Borough of Dublin and the Borough of Dun Laoghaire), 2008

• Jurisdiction: Ireland
• Year: 2008
• Citation: IR SI 142/2008

S.I. No. 142 of 2008

EMPLOYMENT REGULATION ORDER CATERING JOINT LABOUR COMMITTEE (FOR AREAS OTHER THAN THE AREAS KNOWN, UNTIL 1ST JANUARY, 1994, AS THE COUNTY BOROUGH OF DUBLIN AND THE BOROUGH OF DUN LAOGHAIRE), 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th May, 2008.

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of the Industrial Relations Acts, 1946-2004, made an Employment Regulation Order dated 18th June, 2007 ( S.I. No. 296 of 2007 ) (hereinafter called “the said Order”) fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Catering Joint Labour Committee (for areas other than the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire) (hereinafter called “the Committee”) operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 48 of the Industrial Relations Act, 1990 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43(4) of the Industrial Relations Act, 1946 , and by Section 48(4) of the Industrial Relations Act, 1990 hereby Orders as follows—

(1) This Order may be cited as the Employment Regulation Order Catering Joint Labour Committee (for areas other than the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire), 2008.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 2nd June, 2008 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666, Extension Nos. 6639, 6640, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in a catering establishment anywhere throughout the State except 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) 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 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) Managers, assistant managers and trainee managers.

2. In this Schedule “Catering Establishment” means a premises in respect of which a publican’s licence (spirit retailers on-licence) under the Licensing Acts, 1833 to 1995, is held and which serves hot food for consumption on the premises, and a premises or part of a premises primarily used for supplying for reward to any persons, not for the time being resident on the premises, 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 provisions of the Tourist Traffic Acts, 1939 - 1998.

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

PART II DEFINITION OF JOB CLASSES AND STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK

1. Classes of workers

(a) Cook — A person who has completed three years’ service* at cooking duties and is engaged in the preparation and cooking of food for service to the public and/or staff.

(b) Short Order/Fast Service Cook - A person who is solely involved in the preparation and/or cooking of any one or a combination of the following: hamburgers, beefburgers, fish, chips, pizza, pancakes and snack foods.

(c) Counter Assistant — A person wholly or mainly engaged in the preparation and/or service of food at a counter and ancillary duties.

(d) Waiter/Waitress — A person who has completed 2 years’ service* and is wholly or mainly engaged in the service of food at table and ancillary duties.

(e) Barman/Barmaid — A person who has completed 2 years’ service* and is wholly or mainly engaged in the service of alcoholic drinks and other beverages and ancillary duties.

(f) Clerical Worker — A person wholly or mainly engaged in clerical, reception and/or cashier duties.

(g) General Worker — A person wholly or mainly engaged in any one or a combination of the following:- general kitchen portering duties, the preliminary preparation of food prior to cooking, and other general duties not covered in the definitions of the other classes of workers contained in this Order.

(h) Cleaner/Wash-up — A person wholly or mainly engaged in cleaning and/or wash-up duties.

*Time spent on training courses will count as service.

2. Statutory Minimum Rates of Remuneration

From 2nd June 2008***Phase III2.5%6 monthsPer Week ** From 1st December 2008***Phase IV2.5%6 monthsPer Week ** All workers under age 18 in classes (b), (c), (f), (g) and (h) (70% of full rate)Workers age 18 and over €248.09 €254.30 (a) Cook:1st year of training(75% of full rate)2nd year of training(80% of full rate)3rd year of training(90% of full rate)Trained — full rateHead Cook2nd Head Cook €267.71€285.56€321.26€356.95€377.52€369.94 €274.40€292.70€329.28€365.87€386.96€379.19 (b) Short Order Fast Service CookFull rateTwelve months’ initial rate(90% of full rate) €354.42€318.98 €363.28€326.96 (c) Counter Assistant:...