Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2019.

WHEREAS I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, being in receipt of a copy of a recommendation under subsection (5) of section 41A of the Industrial Relations Act 1946 (No. 26 of 1946), as amended and being satisfied that subsection (3) of section 41A has been complied with and considering it appropriate to do so: hereby order the following Regulations:

NOW, I, PAT BREEN, in exercise of the powers conferred on me by subsection (6) of section 41A of the Industrial Relations Act 1946 (No. 26 of 1946), as amended, and delegated to me under SI No 569 of 2017 Business (Delegation of Ministerial Functions) Order 2017 hereby order as follows:

1. This Order may be cited as the Catering Joint Labour Committee Establishment Order 2018.

2. 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 .

SCHEDULE

1. This Order shall apply to workers employed in a catering establishment throughout the State 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 to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

(ii) Managers, assistant managers and trainee managers.

2. In this Schedule ‘‘Catering Establishment’’ means a premises or part of a premises primarily used for supplying 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 provision of the Tourist Traffic Acts 1939-2011

(ii) Premises licensed under the Licensing Acts 1833-2018 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

GIVEN under my hand

19 December 2018.

PAT BREEN,

Minister of State at the Department of Business,Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this instrument is to establish a Catering Joint Labour Committee Establishment Order to cover workers employed in a catering establishment throughout the State.