Employment Regulations Order (Agricultural Workers Joint Labour Committee), 1979.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Employment Regulation Order (Agricultural Workers Joint Labour Committee), 1979.
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paragraphs: Effect is hereby given to the proposals set out in the Schedule hereto.
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paragraphs: The provisions set out in the Schedule hereto shall have effect as from the 5th November 1979 and as from that date the said Order shall be revoked.
STATUTORY MINIMUM REMUNERATION
DATE OF ORDER
Zone A
Zone B
Age
Per Week
Per Hour
Per Week
Per Hour
£
£
£
£
19 years and over
18 to 19 years
17 to 18 years
16 to 17 years
15 to 16 years
num: 55
paragraphs: 78
num: 47
paragraphs: 41
num: 41
paragraphs: 84
num: 36
paragraphs: 26
num: 30
paragraphs: 68
num: 1
paragraphs: 39
num: 1
paragraphs: 19
num: 1
paragraphs: 05
num: 0
paragraphs: 91
num: 0
paragraphs: 77
num: 55
paragraphs: 36
num: 47
paragraphs: 06
num: 41
paragraphs: 52
num: 35
paragraphs: 98
num: 30
paragraphs: 45
num: 1
paragraphs: 38
num: 1
paragraphs: 18
num: 1
paragraphs: 04
num: 0
paragraphs: 90
num: 0
paragraphs: 76
Per Month
Per Month
£
£
19 years and over
18 to 19 years
17 to 18 years
16 to 17 years
15 to 16 years
num: 242
paragraphs: 52
num: 206
paragraphs: 28
num: 181
paragraphs: 72
num: 157
paragraphs: 64
num: 133
paragraphs: 61
num: 240
paragraphs: 82
num: 204
paragraphs: 66
num: 180
paragraphs: 47
num: 156
paragraphs: 45
num: 132
paragraphs: 57
Second Phase
The second phase shall operate from 1 May 1980. Under this second phase, the basic pay of employees should be increased by:—
2 per cent
together with an increase of 1 per cent for each 1 per cent rise over 7 per cent in the Consumer Price Index in the period mid- November 1978 to mid-November 1979 subject to a limit of 5 per cent.
In respect of any increase above 12 per cent in the Consumer Price Index in the period Mid-November 1978 to mid-November 1979, an amount of 60p for each one percentage point should be paid, subject to a limit of £2.40 per week.
The minimum increase under this phase should be £3 per week.
PART II
NORMAL WORKING HOURS
SECTION 1: The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows:—
Normal hours
Workers over 16 years of age in any week not exceeding
40
Workers over 16 years and under 18 years the maximum number of hours which may be worked shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .
Normal hrs.
Max. hrs.
Workers between 15 and 16 years of age in any week not exceeding
37½
40
PROVIDED THAT
(i) All time worked on Sunday and on Public Holidays or substituted Church Holidays and all time worked after one 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 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 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 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 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-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.
BENEFITS OR ADVANTAGES
Date of Order
(1) Where any agricultural employer provides any agricultural worker in his employment with all or any of the benefits or advantages specified at (2) below, 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 at (2) below.
(2) Benefits or advantages and value at which they are to be reckoned as payment of wages in lieu of payment in cash.
VALUE
Benefits or Advantages
Workers aged 19 years and over
Workers aged 18 years and under 19
Workers aged 17 years and under 18
Workers aged 16 years and under 17
Workers aged 15 years and under 16
£
£
£
£
£
(i) Board and lodging per day
num: 2
paragraphs: 22
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paragraphs: 99
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paragraphs: 80
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paragraphs: 55
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paragraphs: 35
Board per day
num: 2
paragraphs: 02
num: 1
paragraphs: 79
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paragraphs: 60
num: 1
paragraphs: 35
num: 1
paragraphs: 14
Breakfast per day
num: 0
paragraphs: 41
num: 0
paragraphs: 34
num: 0
paragraphs: 32
num: 0
paragraphs: 26
num: 0
paragraphs: 22
Dinner per day
num: 1
paragraphs: 01
num: 0
paragraphs: 91
num: 0
paragraphs: 80
num: 0
paragraphs: 70
num: 0
paragraphs: 60
Afternoon tea per day
num: 0
paragraphs: 20
num: 0
paragraphs: 19
num: 0
paragraphs: 13
num: 0
paragraphs: 12
num: 0
paragraphs: 11
Supper per day
num: 0
paragraphs: 41
num: 0
paragraphs: 34
num: 0
paragraphs: 32
num: 0
paragraphs: 26
num: 0
paragraphs: 22
Lodging per day
num: 0
paragraphs: 20
num: 0
paragraphs: 20
num: 0
paragraphs: 20
num: 0
paragraphs: 20
num: 0
paragraphs: 20
(ii) House or Cottage without garden or with a garden not exceeding 1 statute rood:
per week
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
(iii) Fresh milk per gallon
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
num: 0
paragraphs: 62
Benefits and advantages shall be increased from 1st May 1980, by the same percentage increase as will apply to rates of pay in accordance with the second phase of the National Understanding.
PART IV
Holidays
num: 1
paragraphs: General
Annual leave shall be granted in accordance with Holidays (Agricultural Workers) Regulations, 1977 ( S.I. No. 64 of 1977 ) subject to the following amendments, which will be effective from 1st November, 1977.
Those workers who do not have 17 days' annual leave shall be entitled to a total of 17 days' leave, the additional day(s) to be taken during the currency of the 1979 National Understanding. The entitlement to these additional day(s) shall be based on the Holidays (Employees) Act, 1973 as amended by the Holidays (Agricultural Workers) Regulation 1977.
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paragraphs: Definitions
"Wet-time" means all absences from work due to inclement weather where the employee is not paid full wages.
"leave year" means a year beginning on the first day of January.
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paragraphs: (1) An employee shall be entitled to paid leave (in this Act referred to as annual leave) in respect of a leave year in which he has at least one qualifying month of service.
(2) Annual leave shall be equivalent to three working weeks where there are twelve qualifying months of service and subject to the next subsection, to proportionately less where there are eleven or fewer such months.
(3) Annual leave shall also be equivalent to three working weeks where the employee works for the employer at least 1,400 hours (or 1,300 hours if under 18 years of age) during the leave year unless it is a leave year during which he changes his employment.
(4) A day which, apart from this subsection, would be a day of annual leave shall, if it is a day of illness in respect of which a certificate of a registered medical practitioner is furnished, be taken as not being a day of annual leave.
(5) ( a ) Where there are eight or more qualifying months of service annual leave shall, subject to any registered employment agreement, or agreement with the employee's trade union, include an unbroken period equivalent to two working weeks.
( b ) When ascertaining for the purposes of this subsection. whether a period is equivalent to two working weeks, the fact that a day is a public holiday or a day of illness shall be disregarded.
(6) Where board, lodging or board and lodging is part of remuneration, the employee may, subject to being given double pay, elect not to take annual leave.
(7) ( a ) In this section "qualifying month of service" means any month (January to December) during which the employee has worked for the employer at least 120 hours (or 110 hours if under 18 years of age).
( b ) For the purposes of subsection (3) and of the previous paragraph—
(i) A day of annual leave shall be taken as if the employee worked thereon the hours he would have worked if not on leave, and
(ii) Wet time shall be taken to be hours worked up to a maximum, in the case of subsection (3), of 480 hours in the leave year or, in the case of the previous paragraph, 40 hours in the month.
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paragraphs: Short-term and part-time workers
( a ) In the case of day to day and part-time employment, the employee must, for entitlement under this section, have worked for the employer for at least 120 hours (or 110 hours if under 18 years of age) during the five weeks ending on the day before the public holiday.
( b ) For the purpose of this section;
(i) time off allowed by Act or Order shall be taken to be time worked;
(ii) wet time shall be taken to be hours worked up to a maximum of 50 hours.
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paragraphs: Cesser Pay
( a ) Where employment on a day to day basis ceases and the employee, annual leave not being due to him, has, during the 30 days ending on the day before cesser of employment, worked for the employer for not less than 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him consisting of an extra day and a quarter's pay.
( b ) Where employment ceases during the five weeks ending on the day before a public holiday and the employee has, during the part of that period before the cesser, worked for the employer for at least 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him in respect of the public holiday consisting of an extra day's pay.
num: 6
paragraphs: In the Holidays (Employees) Act, 1973 the following are hereby substituted for sections 6 (1) (b) and 6 (1) (c), respectively.
"( b ) to the agricultural worker and his employer making such arrangements as they think fit for the allowance of holidays and
( c ) to the condition that holidays to be allowed in respect of any year or any period of a year shall be allowed before the end of the year, and, if the employment terminates during the year, the holidays shall be allowed before such termination".
In the Holidays (Employees) Act, 1973 the following subsection is hereby inserted after section 6 subsection (3)—
"(4) Where it is the custom for an agricultural employer to grant to an agricultural worker a day's leave with full pay to attend sporting or other events held on a day other than a Sunday, a public holiday or a Church holiday, not more than six such days may be regarded as annual holidays for the purposes of this Act".
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 District 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, Ballygorman, Ballyhooly, Ballymackean, Ballymertle, Ballymodan, Ballymurphy, Ballyneaglogh, Ballynamona, Ballynoe, Ballyspillane, Bandon, Bishopstown, Blackrock, Blackpool, 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, Gortroe, 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, Kilmacleine, Kilmonoge, Kilpatrick, Kilphelan, Kilshannig, Kilworth, Kinsale Rural, Kinure, Knockantota, Knockavilly, Knochmourne, Knockraha, Knockroe, Laherne, Lehenagh, Leighmoney, Leitrim Liscleary, Kisgoold, Magourney, Mallow Rural, Marshalstown, Matehy, Midleton 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, Templeacarriga, 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. All workers who are employed in the mushroom growing industry and whose wages and conditions of employment are governed by a Registered Employment Agreement are excluded from the scope of the order. All grooms are included in the scope of the Order except those whose wages and conditions are regulated by a registered employment agreement.
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.
Given under the Official Seal of the Labour Court this 1st day of
November 1979.
James G McCauley
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 the 5th November 1979 statutory minimum rates of remuneration and statutory conditions of employment of agricultural workers as defined by the Industrial Relations Act, 1976 . It has special provision in respect of workers employed in the mushroom growing industry and there is also special provision made in respect of grooms. It is made by the Labour Court on the recommendation of the Agricultural Workers Joint Labour Committee.