S.I. No. 377/1998 - Security Industry Joint Labour Committee Establishment Order, 1998

S.I. No. 377 of 1998.

SECURITY INDUSTRY JOINT LABOUR COMMITTEE ESTABLISHMENT ORDER, 1998

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 claim is well-founded and 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 and by Sections 44 to 50 of the Industrial Relations Act, 1990 .

• (2) The Committee established by this Order may be known as the Security Industry Joint Labour Committee.

• (3) This Order may be cited as the Security Industry Joint Labour Committee Establishment Order, 1998.

• (4) This Order shall come into operation on 16th October, 1998.

SCHEDULE

Workers to whom this Schedule applies

Security operatives, namely persons employed to provide a security service as described hereunder for contract clients of their employer, and performing one or more of the functions set out hereunder.

Meaning of 'security service':

A service of a security or surveillance nature, the purpose of which is to protect persons and property.

Primary functions of security operatives:

• (i) The prevention or detection of theft, loss, embezzlement, misappropriation or concealment of merchandise, money, bonds, stocks, notes or other valuables.

• (ii) The prevention or detection of intrusion, unauthorised entry or activity, vandalism or trespass on private property either by physical, electronic or mechanical means.

• (iii) The enforcement of rules, regulations and policies related to crime reduction.

BUT EXCLUDING

• (i) 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." [ Industrial Relations Act, 1946 , Section 25].

• (ii) Workers to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

• (iii) Managers, assistant managers and trainee managers.

Given Under the Official Seal of the Labour Court this 8th day of October, 1998.

• (Signed) FINBARR FLOOD

CHAIRMAN

EXPLANATORY NOTE

This Instrument establishes, as from 16th October, 1998, a Joint Labour Committee with the powers specified in Part IV of the Industrial Relations Act, 1946 and Sections 44 to 50 of the Industrial Relations Act, 1990 , regarding the fixing of the minimum rates of remuneration and the regulation of conditions of employment of certain workers employed as Security operatives.