S.I. No. 61/1977:

EMPLOYMENT REGULATION ORDER (AGRICULTURAL WORKERS JOINT LABOUR COMMITTEE), 1977.

EMPLOYMENT REGULATION ORDER (AGRICULTURAL WORKERS JOINT LABOUR COMMITTEE), 1977.

WHEREAS pursuant to the provisions of Section 6 of the Industrial Relations Act, 1976 , the Agricultural Wages Acts, 1936 to 1969, shall be repealed on the date of the making by the Labour Court (hereinafter called "the Court") of the first Employment Regulation Order under Section 43 of the Industrial Relations Act, 1946 (hereinafter called "the Act") following proposals to the Court under Section 42 of the Act submitted by the Agricultural Workers Joint Labour Committee (hereinafter called "the Committee");

AND WHEREAS in accordance with the provisions of Section 6 of the Industrial Relations Act, 1976 , any Order made under Section 17 of the Agricultural Wages Act, 1936 , and in force at the commencement of the said Section 6 of the Industrial Relations Act, 1976 shall continue in force and be deemed to be an Employment Regulation Order;

AND WHEREAS pursuant to the provisions of Section 11 of the Industrial Relations Act, 1976 , the Agricultural Workers Holidays Acts, 1950 to 1975, shall be repealed on the commencement of Regulations under the Holidays (Employees) Act, 1973 , providing for the application of that Act to agricultural workers;

AND WHEREAS the Committee has submitted to the Court proposals for revoking the following Orders (hereinafter called "the said Orders") made under Section 17 of the Agricultural Wages Act, 1936 --

(1) The Agricultural Wages (Minimum Rates) Order, 1976 ( S.I. No. 243 of 1976 ),

(2) The Agricultural Workers (Holiday Remuneration) Order, 1950 ( S.I. No. 229 of 1950 ) as amended by the Agricultural Workers (Holiday Remuneration) Order, 1950 (Amendment) Order 1970 ( S.I. No. 38 of 1970 ),

(3) The Agricultural Wages (Minimum Rates) (Weekly Half- Holidays) Order, 1953 ( S.I. No. 42 of 1953 );

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 43 of the Act have been complied with;

NOW THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 of the Act hereby orders as follows:--

1. This Order may be cited as the Employment Regulation Order (Agricultural Workers Joint Labour Committee), 1977.

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 the 1st day of March, 1977, and as from that date the said Orders shall be revoked.

SCHEDULE.

Statutory minimum remuneration and conditions of employment of agricultural workers, other than workers employed wholly or mainly on the picking, grading and packing of mushrooms.

PART I.

Minimum Rates of Wages.

Section 1.--Minimum Time-Rates other than as provided in Section 2.

Section 2.--Minimum Time-Rates applicable only in respect of work done under a contract of employment for a definite period of five months or longer.

PART II.

Normal Working Hours.

Section 1.--The normal number of hours of work for workers for whom the Statutory minimum rate of wages is either a rate per week or a rate per hour shall be as follows:--

PROVIDED THAT

(i) All time worked on Sunday and on Public Holidays or substituted Church Holidays and all time worked after one o'clock P.M. on the Short Day shall be regarded as Overtime to which the appropriate overtime rates as set out in Section 3 hereof shall apply.

(ii) The overtime rates shall in the case of all workers be payable during the WINTER period in respect of all time worked in excess of 8½ hours on any day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for that week.

(iii) The overtime rates shall be payable during the SUMMER period, in the case of workers age 17 years and over, in respect of all time worked in excess of 9 hours on any day, and in the case of workers under age 17 years, in respect of all time worked in excess of 8½ hours on any day, notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for that week.

(iv) The overtime rates shall be payable in respect of all time worked in any week (Monday to Saturday inclusive) in excess of the declared normal number of hours of work for that week.

Section 2.--The monthly rates shall cover all time worked in the month exclusive of time worked after one o'clock P.M. on the Short Day, time worked on Sunday and time worked on Public Holidays or substituted Church Holidays.

For Workers for whom the statutory minimum rate of wages is a rate per month all time worked after one o'clock P.M. on the Short Day and all time worked on Sunday and on Public Holidays or substituted Church Holidays shall be regarded as Overtime to which the appropriate overtime rates as set out in Section 3 hereof shall apply.

Section 3.--The minimum rates for overtime to apply in respect of time worked in excess of the normal number of hours of work shall be as follows:--

(i) For all time worked on any day other than Sunday in excess of the normal number of hours of work and for all time worked after one o'clock P.M. on the Short Day the overtime rate shall be one and-a-third times the minimum time-rate otherwise applicable i.e. time-and one-third.

(ii) For all time worked on Public Holidays or substituted Church Holidays the overtime rate shall be one-and-a-third times the minimum time-rate otherwise applicable i.e. time-and-one-third.

(iii) For all time worked in any week (Monday to Saturday inclusive) in excess of the declared normal number of hours for the week the overtime rate shall be one-and-a-third times the minimum time-rate otherwise applicable i.e. time-and-one-third.

(iv) For all time worked on Sunday the overtime rate shall be one-and-two-thirds times the minimum time-rate otherwise applicable i.e. time-and-two-thirds.

(v) For workers for whom the statutory minimum rate of wages is a rate per month the overtime rate shall be calculated on the basis of a rate equivalent to the minimum time-rate applicable to a worker of corresponding age in the same Zone for whom the statutory minimum rate is either a rate per week or a rate per hour and in respect of time worked other than on Sunday shall be time-and-one-third and in respect of time worked on Sunday shall be time-and-two-thirds.

Section 4.--Unless otherwise agreed or in the absence of agreement or in the absence of a statement under the Minimum Notice and Terms of Employment Act, 1973 , Saturday shall be the Short Day.

PART III.

Benefits or Advantages.

Section 1.--Where any agricultural employer provides any agricultural worker in his employment with all or any of the benefits or advantages specified in Section 2 hereof, such benefits or advantages shall for the purpose of computing the remuneration paid to such agricultural worker, be reckoned as payment of wages in lieu of payment in cash and the value at which any such benefit or advantage so provided is to be so reckoned shall be as defined in the said Section 2.

Section 2.--Benefits or advantages and value at which they are to be reckoned as payment of wages in lieu of payment in cash.

PART IV.

Holidays and Holiday Remuneration.

Section 1.--Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1973 as made applicable to agricultural workers by the Holidays (Agricultural Workers) Regulations, 1977.

Section 2.--For the purpose of computing holiday remuneration, benefits or advantages provided for the worker by his employer shall be reckoned as payment of holiday remuneration in lieu of payment in cash to the same extent as they are to be reckoned as payment of wages in accordance with Part III hereof.

Section 3.--Absence from work on a day of paid leave or on a Public Holiday or substituted Church Holiday shall be deemed to be time worked.

PART V.

Wages Areas.

In this Order--

Zone A means the County Borough of Cork and that part of the Administrative county of Cork comprising the Urban Districts of Cobh, Fermoy, Kinsale, Mallow, Midleton, Youghal, the District Electoral Divisions of Aghern, Aglish, Ardagh, Ardskeagh, Ballinadee, Ballincollig, Ballinspittle, Ballintemple, Ballyarthur, Ballyclogh, Ballycottin, Ballyfeard, Ballyfoyle, Ballygarvan, Ballygroman, Ballyhooly, Ballymackean, Ballymartle, Ballymodan, Ballymurphy, Ballynaglogh, Ballynamona, Ballynoe, Ballyspillane, Bandon, Bishopstown, Blackpool, Blackrock, Blarney, Brinny, Buttevant, Caherduggan, Caherlag, Cannaway, Carrig (in the former Rural District of Fermoy), Carrig (in the former Rural District of Mallow), Carrigaline (in the former Rural District of Cork), Carrigaline (in the former Rural District of Kinsale), Carrignavar, Carrigrohane Beg, Carrigtohill, Castlecooke, Castle Hyde, Castlelyons, Castlemartyr, Castletownroche, Churchtown, Clenor, Clonmult, Clonpriest, Cloyne, Cobh Rural, Coole, Coolmain, Corkbeg, Cullen (in the former Rural District of Kinsale), Curraglass, Dangan, Derryvillane, Doneraile, Douglas, Dripsey, Dromore, Dunderrow, Dungourney, Farahy, Farranbrien Fermoy Rural, Garryvoe, Glanworth E., Glanworth W., Glenville, Gortnaskehy, Gontroe, Greenfort, Ightermurragh, Imphrick, Inch, Inishannon, Inishkenny, Kilbonane, Kilbrittain, Kilbrogan, Kilcor, Kilcronat, Kilcummer, Kildinan, Kildorrery, Kilgullane, Killathy, Killeagh, (in the former Rural District of Cork), Killeagh (in the former Rural District of Youghal), Kilmacdonagh, Kilmaclenine, Kilmonoge, Kilpatrick, Kilphelan, Kilshannig, Kilworth, Kinsale Rural, Kinure, Knockantota, Knockavilly, Knockmourne. Knockraha, Knockroe, Laherne, Lehenagh, Leighmoney, Leitrim, Liscleary, Lisgoold, Magourney, Mallow Rural, Marshalstown, Matehy, Midletown Rural, Milford, Milltown, Mitchelstown, Mogeely, Monanimy, Monkstown Rural, Monkstown Urban, Moviddy, Newtown, Nohaval, Ovens, Rahan, Rathcooney, Rathcormack, Rathluirc Riverstown, Rostellan, St. Mary's, Shanballymore, Skahanagh, Springfort, Streamhill, Templebodan, Templebreedy, Templemartin, Templemary, Templemichael, Templemolaga, Templenacarriga, Wallstown, Watergrasshill, Whitechurch, Youghal Rural;

The County Borough of Dublin and the Administrative County of Dublin;

That part of the administrative County of Wicklow comprising the Urban District of Bray.

Zone B means all other areas.

PART VI.

Workers To Whom This Order Applies.

The minimum remuneration and conditions of employment set out in this Order shall apply, subject to the provisions of the Industrial Relations Acts, 1946 to 1976, to all agricultural workers, other than workers employed wholly or mainly on the picking, grading and packing of mushrooms.

For the purposes of this Order--

AGRICULTURAL EMPLOYER means a person who employs other persons as agricultural workers;

AGRICULTURAL WORKER means a person employed under a contract of service or apprenticeship whose work under the contract is or includes work in agriculture but does not include a person whose work under any such contract is mainly domestic service;

AGRICULTURE includes horticulture, the production of any consumable produce which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland, or for market gardens, private gardens, nursery grounds or sports grounds, the caring for or the rearing or training of animals and any other incidental activities connected with agriculture.

PART VII.

General.

In this Order--

The term "WINTER" means, as regards workers for whom the statutory minimum remuneration is either a rate per week or a rate per hour, the period commencing on the first Monday of November in any year and terminating on the Sunday immediately preceding the first Monday of March in the next succeeding year and, as regards workers for whom the statutory minimum remuneration is a rate per month, the period commencing on the first day of October in any year and terminating on the last day of February in the next succeeding year;

The term "SUMMER" means, as regards workers for whom the statutory minimum remuneration is either a rate per week or a rate per hour, the period commencing on the first Monday of March in any year and terminating on the Sunday immediately preceding the first Monday of November in the same year and, as regards workers for whom the statutory minimum remuneration is a rate per month, the period commencing on the first day of March in any year and terminating on the last day of September in the same year.

Where a rate of remuneration (hereinafter called the winter rate) is fixed by this Order as the rate of remuneration in respect of work done by an agricultural worker in winter and a different rate of remuneration (hereinafter called the summer rate) is fixed by this Order as the rate of remuneration in respect of work done by such agricultural worker in summer, then for the purpose of calculating the amount of any sum payable as remuneration to such agricultural worker for work done partly in winter and partly in summer, the winter rate shall be the rate of remuneration for so much of such work as may be done in winter, and the summer rate shall be the rate of remuneration for so much of such work as may be done in Summer.

GIVEN under the Official Seal of the Labour Court this 28th day of February, 1977.

D. MAC DIARMADA.

A person authorised under Section 18 of the Industrial Relations

Act, 1946, to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This instrument fixes with effect as from 1st March, 1977 statutory minimum rates of remuneration and statutory conditions of employment of agricultural workers (other than workers employed wholly or mainly on the picking, grading and packing of mushrooms) as defined by the Industrial Relations Act, 1976 . It is made by the Labour Court on the recommendation of the Agricultural Workers Joint Labour Committee.