42A.— (1) Subject to this section and section 42B, a joint labour committee may, where it is satisfied that such proposals would promote harmonious relations between workers and employers and avoid industrial unrest, submit proposals for an employment regulation order to the Court.

(2) Subject to subsection (3), proposals under subsection (1) may include proposals to amend or revoke an employment regulation order.

(3) Where an employment regulation order has been in force for less than 6 months a joint labour committee shall not submit proposals for amending or revoking such order unless the committee is satisfied that—

(a) the order contains an error, or

(b) exceptional circumstances exist which warrant the revocation or amendment of the order.

(4) Subject to subsection (5) proposals under subsection (1) may include proposals to—

(a) fix the minimum rates of remuneration to be paid generally, and

(b) regulate the conditions of employment,

in relation to all or any of the workers in relation to whom the joint labour committee operates, and such proposals may provide for a minimum hourly rate of remuneration and not more than 2 higher hourly rates of remuneration based on length of service in the sector or enterprise concerned, or the attainment of recognised standards or skills in the sector concerned, for all or any such workers.

(5) Proposals under subsection (1) to fix remuneration shall provide that a worker to whom the proposals are intended to apply who—

(a) has not attained the age of 18 years,

(b) enters employment for the first time after attaining the age of 18 years,

(c) having entered into employment before attaining the age of 18 years continues in employment on attaining that age, or

(d) has attained the age of 18 years and, during normal working hours, undergoes a course of study or training prescribed in regulations made by the Minister under section 16 of the National Minimum Wage Act 2000,

shall be remunerated at an hourly rate reduced to the percentage set out in section 14, 15 or 16 of that Act for the category of worker concerned and those sections shall apply with the necessary modifications, as if such workers were employees for the purposes of that Act.

(6) When formulating proposals to submit to the Court under subsection (1), a joint labour committee shall have regard to the following matters:

(a) the legitimate interests of employers and workers likely to be affected by the proposals, including—

(i) the legitimate financial and commercial interests of the employers in the sector in question,

(ii) the desirability of agreeing and maintaining efficient and sustainable work practices appropriate to the sector in question,

(iii) the desirability of agreeing and maintaining fair and sustainable minimum rates of remuneration appropriate to the sector in question,

(iv) the desirability of maintaining harmonious industrial relations in the sector in question,

(v) the desirability of maintaining competitiveness in the sector in question, and

(vi) the levels of employment and unemployment in the sector in question;

(b) the general level of wages in comparable sectors;

(c) where enterprises in the sector in question are in competition with enterprises in another Member State, the general level of wages in the enterprises in that other Member State taking into account the cost of living in the Member State concerned;

(d) the national minimum hourly rate of pay declared by order for the time being in force under section 11 of the National Minimum Wage Act 2000, and the appropriateness or otherwise of fixing a statutory minimum hourly rate of pay above that rate; and

(e) the terms of any relevant national agreement relating to pay and conditions for the time being in existence.

(7) In this section "remuneration" means consideration, whether in cash or in kind, which a worker receives from his or her employer in respect of his or her employment but does not include:

(a) pay or time off from work in lieu of public holidays;

(b) compensation under section 14 of the Organisation of Working Time Act 1997 resulting from the requirement to work on a Sunday;

(c) payments in lieu of notice; or

(d) payments referable to a worker’s redundancy.]