S.I. No. 58/1991 - Retail Grocery and Allied Trades Joint Labour Committee Establishment Order, 1991.

S.I. No. 58 of 1991.

RETAIL GROCERY AND ALLIED TRADES JOINT LABOUR COMMITTEE ESTABLISHMENT ORDER, 1991.

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 Section 35 and 39 of the Industrial Relations Act, 1946 and Section 45 of the Industrial Relations Act, 1990 , 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 Joint Labour Committee for Retail Grocery and Allied Trades Establishments.

(3) This Order may be cited as the Joint Labour Committee for Retail Grocery and Allied Trades Establishment Order, 1991.

(4) The Order is effective from 2nd April, 1991.

SCHEDULE

Workers to whom this schedule applies

1. All workers employed anywhere throughout the State in any undertaking or any branch or department of an undertaking being an undertaking, branch or department engaged wholly or mainly in the retail grocery and allied trades and who are engaged on any of the following duties, that is to say:

( a ) operations in or about the shop or other place where the sale by retail aforesaid is carried on being operations for the purpose of such sale or otherwise in connection with such sale;

( b ) clerical or other office work carried on in conjunction with the sale by retail aforesaid and relating to such sale or to any of the operations in (a) of this sub-paragraph,

BUT EXCLUDING

(1) independent off-licences and shops exclusively for the sale of bread and flour confectionery;

(2) beef butchers and apprentice beef butchers;

(3) workers to whom another Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies;

(4) workers affected by an 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, provided that the remuneration and conditions of employment are not less favourable than those set out in the Employment Regulation Order made as a result of proposals received from the Joint Labour Committee for the Retail Grocery and Allied Trades;

(5) workers to whom a negotiated employment agreement applies provided that the remuneration and conditions of employment provided for in the registered employment agreement are not less favourable than those provided for in the regulation order made as a result of proposals received from the Joint Labour Committee for the Retail Grocery and Allied Trades;

(6) Managers, Assistant Managers and Trainee Managers;

2. For the purposes of this schedule "the retail grocery and allied trades" consist of the sale by retail of:

( a ) bacon, ham, pressed beef, sausage, or meat so treated as to be fit for human consumption without further preparation or cooking but does not include the sale by retail of other meat;

( b ) all other food (including bread or flour confectionery, articles of sugar confectionery and chocolate confectionery and ice cream) or drink for human consumption other than for immediate consumption on the premises at which the sale is effected;

( c ) tobacco, cigars, cigarettes, snuff and smokers' requisites.

3. For the purpose of this schedule:—

( a ) in determining the extent to which an undertaking or branch or department of an undertaking is engaged in a trade or group of trades, regard shall be had to the time spent in the undertaking, branch or department on work in those trades;

( b ) an undertaking or branch or department of an undertaking which is engaged in any operation in a trade or group of trades shall be treated as engaged in those trades.

GIVEN under the Official Seal of the Labour Court this 20th

day of March, 1991.

KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE.

This Instrument establishes as from 2nd April, 1991, a Joint Labour Committee with the powers specified in Part IV of the Industrial Relations Act, 1946 , regarding the fixing of the minimum rates of remuneration and the regulation of conditions of employment of certain workers employed by Retail Grocery and Allied Trades Establishments.