Sectoral Employment Order (Electrical Contracting Sector) 2019

• Jurisdiction: Ireland
• Citation: IR SI 251/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th June, 2019.

WHEREAS I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, being in receipt of a recommendation from the Labour Court under section 16 of the Industrial Relations (Amendment) Act 2015 (No. 27 of 2015) and being satisfied, having regard to the report referred to in subsection (3)(b) of that section accompanying the recommendation, that Chapter 3 of Part 2 of that Act has been complied with:

NOW, I, PAT BREEN, in exercise of the powers conferred on me by subsection (1) of section 17 of the Industrial Relations (Amendment) Act 2015 (No. 27 of 2015) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 (S.I. No. 569 of 2017), hereby make the following order with respect to which, pursuant to subsection (4) of section 17 of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such house:

1. This Order may be cited as the Sectoral Employment Order (Electrical Contracting Sector) 2019.

2. This Order comes into operation on the 1st day of September 2019.

3. This Order confirms the terms of the recommendation set out in the Schedule.

SCHEDULE

Sectoral Employment Order in Respect of the Electrical Contracting Sector

Definition

For the purposes of this Sectoral Employment Order the Electrical Contracting Sector means the sector of the economy comprising the following economic activity: -

The installation, alteration, repair, demolition(de-install), Fabrication, & Prefabrication, commissioning or maintenance of electrical and electronic equipment including the marking off and preparing for the wiring(whether temporary or permanent) of all electrical and/or electronic appliances and apparatus, fitting and erecting all controllers, switches, junction section distribution and other fuseboards and all electrical communications, bells, telephone, radio, telegraph, x-ray, computer and data cabling, instrumentation, fibre optics and kindred installations; fitting and fixing of metallic and other conduits, perforated cable tray and casing for protection of cables, cutting away of walls, floors and ceilings etc., for same; erection care and maintenance of all electrical plant, including generators, motors, oil burners, cranes, lifts, fans, refrigerators and hoists; adjustments to all control, rheostats, coils and all electrical contracts and connections; wiring of chassis for all vehicles; erection of batteries and switchboards; erection of crossarms, insulators overhead cables (LT and HT); fitting of staywires, brackets, lightning arrestors, etc and underground mains having regard to any advances in technology and equipment used within the industry

Definition of a Worker

In this Sectoral Employment Order “worker” has the following meaning:-

“any person aged 15 years or more who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour”.

For the purpose of this definition apprentice and apprenticeship has the same meaning as it has in the Industrial Training Act 1967 .

Scope

This Sectoral Employment Order applies to the following categories of worker who are directly employed or employed through an employment agency within the meaning of the Employment Agency Act 1971 and or the Protection of Employees (Temporary Agency Work) Act 2012 in the Electrical Contracting Sector:-

- Workers employed as qualified electricians and registered apprentice electricians working in the sector.

Qualified electricians who are employed as chargehands and foremen should also come within the scope of the order. For the avoidance of doubt, a chargehand is an electrician who is in charge of two but not more than six electricians and a foreman is an electrician on site who is in charge of more than six electricians

Pay and Pay Categories

Pay and conditions of employment of the following categories of workers are covered in this Sectoral Employment Order:-

A basic minimum hourly rate of pay to apply to all newly qualified Electricians employed in the sector. (Category 1)

A higher hourly rate of pay to apply to qualified Electricians employed in the sector with effect from the commencement of their 3rd year of employment after qualification as an Electrician. (Category 2)

A higher hourly rate of pay to apply to qualified Electricians employed in the sector with effect from the commencement of their 6th year of employment after qualification as an Electrician. (Category 3)

In accordance with section 16 (5)(d) of the Industrial Relations (Amendment) Act 2015 , a minimum hourly rate of pay to apply to apprentices.

The following hourly rates of pay shall apply to the indicated Categories of employee employed in the sector:-

Category 1 € 23.49 Category 2 € 23.96 Category 3 € 24.34

The following rates of pay shall apply to apprentices employed in the sector:-

Apprentice Year 1 7.05 Apprentice Year 2 10.57 Apprentice Year 3 15.27 Apprentice Year 4 18.80

Normal Working Time and Unsocial Hours Payments

The following definitions shall apply in respect of hours worked by qualified crafts persons and apprentices in the sector:-

Normal Working Week

Normal Working week shall consist of 39 hours worked between Monday and Friday each week.

Normal Daily Working Hours

Normal daily working hours shall consist of eight hours of work undertaken between the hours of 7 am (normal weekday starting time) and 5 pm (Normal weekday finishing time) Monday – Thursday inclusive and between the hours of 7 am (normal Friday starting time) and 4 pm (normal Friday finishing time) on Friday.

Other Hours Worked

Hours worked outside of those hours shall constitute overtime working hours and shall attract the following premium payments:-

Hours worked between normal finishing time and Midnight Monday to Friday inclusive Time plus a half Hours worked between Midnight and normal starting time Monday to Friday Double time First four hours worked after 7 am on Saturday Time plus a half All other hours worked on Saturday Double time All hours worked on Sunday Double time All hours worked on Public Holidays Double time plus an additional day’s leave

Unsocial Hours Worked

Where for specific projects hours are required to differ from those set out at “Normal Daily Working Hours” above, the following rates should apply:

Where the starting time is before 1pm 8 hours at time plus one quarter Where starting time is after 1pm 8 hours at time plus one third

Pensions

A worker to whom this Sectoral Employment Order relates shall be entered by his or her employer into a pension scheme the terms of which, including both employer and employee contribution rates, shall be no less favourable than those set out in the Construction Workers Pension Scheme.

The minimum pension and death in service scheme contribution rates for employers and workers shall be set at the following levels:-

Pension Contribution

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