A CHANGE in legislation which meant that racing industry staff are no longer considered to be ‘agricultural’ is at the heart of a Labour Court case involving Ballydoyle Racing Stables.

At a hearing this week, Ballydoyle appealed a compliance notice served on it by the Workplace Relations Commission [WRC] which instructed the employer not to allow its employees exceed the working hours limits which apply to normal businesses.

Ballydoyle’s lawyer Paul Gallagher argued that the nature of the work carried out by its employees was treated as ‘agriculture’ by the WRC until 2015 and the employer had received no explanation why the legislation had changed.

Representing the WRC, barrister Rosemary Healy Rae said it viewed agriculture as raising animals or crops for consumption.

Labour Court chairman Alan Haugh said he may ask the European Court of Justice for their definition of agriculture.

The Labour Court was also told that employees at Ballydoyle were paid well above the industry norm and received other benefits including accommodation and health insurance.

Last year the WRC’s inspectors visited Ballydoyle and discovered that a small number of employees had put in shifts as long as 19 hours.

Under the Organisation of Working Time Act, employees in ‘normal’ occupations must have an 11-hour break between finishing work and starting the next day. They must also have at least one full day off work each week. However, ‘agriculture’ workers are exempt from these restrictions.

The case will resume on August 28th.

Earlier this week, a report published by the Independents4Change parliamentary group suggested that racing and stud workers had been removed from the agriculture category following lobbying by the Irish Racehorse Trainers Association and Irish Thoroughbred Breeders’ Association. Both associations deny the claim.

Shane O’Dwyer, CEO of the ITBA, said: “A few years ago we lobbied to have racing and breeding employees removed from the Agriculture Joint Labour Committee [which regulates conditions of employment and sets minimum pay rates for the sector]. There was a widespread view at the time that the JLCs were not fit for purpose and indeed they were all disbanded.

“Now it seems that the JLCs have been reconvened but racing and breeding has been left out. We can’t understand that. There is no reason why we shouldn’t be under agriculture. We have work to do to sort it out.”

Michael Grassick, CEO of the IRTA, agreed with O’Dwyer’s view. “There is no dispute between breeders, trainers or staff. It’s the WRC which has the problem.”

Horse Racing Ireland’s CEO Brian Kavanagh said: “The definition of agriculture was changed under an Industrial Relations Act 2015 (introduced by the Department of Enterprise, Trade and Employment) so that it could now be interpreted to exclude the training and possibly the breeding of thoroughbreds.

“This obviously runs contrary to numerous other designations of the industry and appears to have happened without our knowledge or consultation. The HRI Board discussed this last week and we have been told to take the matter up with both Departments (Agriculture and Enterprise, Trade and Employment) which we are doing.”