Employment Regulation Order (Security Industry Joint Labour Committee) 2017.

• Jurisdiction: Ireland
• Citation: IR SI 231/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd June, 2017.

WHEREAS I, PAT BREEN, Minister of State at the Department of Jobs, Enterprise and Innovation, being in receipt of proposals of the Security Industry Joint Labour Committee that have been adopted by the Labour Court and forwarded to me under subsection (1) of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) and being satisfied that sections 42A and 42B of that Act have been complied with and considering it appropriate to do so:

NOW, I, PAT BREEN, in exercise of the powers conferred on me by subsection (2) of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 ) and the Jobs, Enterprise, and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 6 of 2017 ) hereby make the following order:

1. This Order may be cited as the Employment Regulation Order (Security Industry Joint Labour Committee) 2017.

2. This Order revokes the Employment Regulation Order (Security Industry Joint Labour Committee) 2015 ( S.I. No. 417 of 2015 ).

3. This Order shall come into effect on 1st June 2017.

4. This Order gives effect to the proposals set out in the Schedule.

SCHEDULE

PART I

Interpretation

In this Order:—

“Act of 2000” means the National Minimum Wage Act 2000 (No. 5 of 2000).

“Establishment Order” means the Security Industry Joint Labour Committee Establishment Order 1998 ( S.I. No. 377 of 1998 ), as amended by the Security Industry Joint Labour Committee Establishment (Amendment) Order 2014 ( S.I. No. 30 of 2014 ).

A word or expression that is used in this Order which is also used in the Establishment Order has, unless the contrary intention appears, the meaning in this Order that it has in the Establishment Order.

Workers to Whom this Order Applies

This Order applies to workers to whom the Establishment Order applies (the scope of which is set out in the Schedule to that Order).

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

All provisions of Employment Regulation Order (Security Industry Joint Labour Committee) 2015 (S.I. 417 of 2015), including the rate of pay (otherwise known as core pay) of €10.75 per hour, will remain in force up to and including May 31st, 2017. All provisions of this Order will become effective on 1st June, 2017.

Section 1

RATES OF REMUNERATION

(1) Subject to paragraph (2) of this section a worker to whom this Order applies shall be remunerated by his or her employer at the rates set out below:-

€11.05 per hour — From the 1st June 2017

€11.35 per hour — From the 1st June 2018

€11.65 per hour — From the 1st June 2019

Where rates of pay (including composite rates) are higher than the rates of pay provided for in this section, it shall be necessary for the employer to keep (and make available to the workers(s) concerned, as appropriate) such records as are necessary to show that the above Rates of Remuneration, as defined in this section, are being complied with.

(2) (a) A worker who has not attained the age of 18 years shall be remunerated at an hourly rate of pay that is not less than 70 per cent of the rate specified in paragraph (1);

(b) A worker who enters into employment for the first time after attaining the age of 18 years or, having entered into employment before attaining the age of 18 years and continues in employment on attaining that age, shall be remunerated at an hourly rate that is not less than:-

(I) In the case of a worker commencing employment for the first time after attaining the age of 18 years:-

(i) in his or her first year after having commenced employment, 80 per cent of the rate specified in paragraph (1);

(ii) in his or her second year after commencing employment, 90 per cent of the rate specified in paragraph (1).

(II) In the case of a worker having entered into employment before attaining the age of 18 years and continuing in employment on attaining that age:-

(i) in his or her first year after having attained the age of 18 years, 80 per cent of the rate specified in paragraph (1); and

(ii) in his or her second year after having attained that age, 90 per cent of the rate specified in paragraph (1).

(c) Where a worker who has attained the age of 18 years undergoes a course of study or training authorised by the employer within the workplace or elsewhere during normal working hours, such courses or training to be prescribed in regulations made by the Minister pursuant to section 3 of the Act of 2000 for the purposes of section 16 of that Act, the worker shall be remunerated by his or her employer in respect of his or her working hours at a rate of pay that is not less than the following:

(i) in respect of the first one-third period (but not exceeding 12 months) of the total study or training period, 75 per cent of the rate specified in paragraph (1);

(ii) in respect of the second one-third period (but not exceeding 12 months) of the total study or training period, 80 per cent of the rate specified in paragraph (1);

(iii) in respect of the third one-third period (but not exceeding 12 months) of the total study or training period, 90 per cent of the rate specified in paragraph (1).

The conditions specified at section 16 of the Act of 2000 shall apply, with necessary modifications, to the application of this subparagraph.

3. Overtime rates shall apply as follows:-

(a) all hours worked in excess of an average 48 hours per week in the roster cycle will be paid at a rate of time and a half;

(b) a rostered cycle shall be a predetermined working pattern, which can be up to a maximum of six weeks, which has been issued to the worker in writing prior to the commencement of the roster cycle.

Section 2

CONDITIONS OF EMPLOYMENT

(1) Annual Leave

Annual leave entitlement shall be in accordance with the terms of the Organisation of Working Time Act 1997 .

Regular rostered overtime is to be included for the purposes of holiday pay. Regular rostered overtime will be averaged over the previous 13 weeks worked, prior to the taking of annual leave.

(2) Public Holidays

Public Holiday entitlement shall be in accordance with the terms of the Organisation of Working Time Act 1997 .

(3) Working Hours, Rest Periods & Breaks

The workers to whom this Order refers will...