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], 2007

• Jurisdiction: Ireland
• Citation: IR SI 296/2007
• Year: 2007

S.I. NO. 296 OF 2007

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), 2007

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 10th November, 2005 (S.I. No. 702 of 2005) (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), 2007.

(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 22nd June, 2007 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.

2. Statutory Minimum Rates of Remuneration

From 22nd June 2007 From 1st July 2007 Ø From 1st September 2007 Per Week ** Per Week ** Per Week ** All workers under age 18 in classes (b), (c), (f), (g) and (h) €233.39 €236.34 €242.05 Workers age 18 and over (a) Cook: 1st year of training (75% of full rate) €254.81 €254.81 €261.18 2nd year of training (80% of full rate) €271.80 €271.80 €278.59 3rd year of training (90% of full rate) €305.78 €305.78 €313.42 Trained - full rate €339.75 €339.75 €348.24 Head Cook €359.33 €359.33 €368.31 2nd Head Cook €352.12 €352.12 €360.92 (b) Short Order fast service cook Full rate €333.41 €337.35 €345.78 Twelve months' initial rate (90% of full rate) €300.07 €303.81 €311.20 (c) Counter Assistant: Full rate €333.41 €337.35 €345.78 Twelve months' initial rate (90% of full rate) €300.07 €303.81 €311.20 (d) Waiter/Waitress: 1st 8 months of training (75% of full rate) €250.06 €253.11 €259.34 2nd 8 months of training (80% of full rate) €266.73 €269.88 €276.62 3rd 8 months of training (90% of full rate) €300.07 €303.81 €311.20 Full Rate €333.41 €337.35 €345.78 Head Waiter/Waitress €333.41 €337.35 €345.78 2nd Head Waiter/Waitress €333.41 €337.35 €345.78 (e) Barman/Barmaid: 1st 8 months of training (75% of full rate) €250.06 €253.11 €259.34 2nd 8 months of training (80% of full rate) €266.73 €269.88 €276.62 3rd 8 months of training (90% of full rate) €300.07 €303.81 €311.20 Full Rate €333.41 €337.35 €345.78 Head Barman/Barmaid €333.41 €337.35 €345.78 2nd Head Barman/Barmaid €333.41 €337.35 €345.78

Note: Training is formal structured training as defined in accordance with Section 16 of the National Minimum Wage Act, 2000. All workers in classes (a), (d) and (e) will receive the training rates.

From 22nd June 2007 From 1st July 2007 Ø From 1st September 2007 Per Week ** Per Week ** Per Week ** (f) Clerical Worker: Full rate €333.41 €337.35 €345.78 Twelve months' initial rate (90% of full rate) €300.07 €303.81 €311.20 (g) General Worker: Full rate €333.41 €337.35 €345.78 Twelve months' initial rate (90% of full rate) €300.07 €303.81 €311.20 (h) Cleaner/Wash Up: Full rate €333.41 €337.35 €345.78 Twelve months' initial rate (90% of full rate) €300.07 €303.81 €311.20

Board & Lodgings

If a catering employee receives board and lodgings, board only or lodgings only from his/her employer, the following amounts may be deducted from his/her pay:

€54.13 for full board and lodgings per week* , or €7.73 per day €32.14 for full board only per week* , or €4.60 per day €21.85 for lodgings only per week* , or €3.14 per day

Full board means an entitlement to breakfast, lunch and dinner.

3. Part-time or casual workers

Any part-time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate relative to his or her particular class as defined above.

4. Twelve Months' Initial Rate:

The twelve months' initial rate (90% of full rate without board) applies to workers in classes (b), (c), (f), (g) and (h) and applies for the first twelve months of employment in any of the five classes by any employer. This rate does not apply, or will cease to apply, two years after the date of an employee's first employment over age 18, whether that was with the current or any previous employer in any sector of employment.

5. Apprenticeship ratios:

A ratio of 1:1 (i.e. 1...