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S.I. No. 391/1936 - Conditions of Employment (Glass Bottle Works) (Exclusion) Order, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 391.

CONDITIONS OF EMPLOYMENT (GLASS BOTTLE WORKS) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (GLASS BOTTLE WORKS) (EXCLUSION) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 15TH DAY OF DECEMBER, 1936, PURSUANT TO SECTIONS 29 AND 52 OF THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

WHEREAS it is enacted by sub-section (1) of Section 29 of the Conditions of Employment Act, 1936 , that the Minister for Industry and Commerce may by order make regulations (in the said Act referred to as exclusion regulations) declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of Part III of the Act :

AND WHEREAS it is enacted by sub-section (1) of Section 52 of the said Act that whenever the Minister for Industry and Commerce makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the Act which relates to the hours during which an employer may permit any workers to do for him any form of industrial work, the said Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work; and it is further enacted by sub-section (2) of the said Section 52 that whenever the said Minister fixes by regulations made under the said section the hours of work in respect of any form of industrial work (whether for all or for any particular class or classes of workers engaged therein) the said Minister may by the same regulations make such provisions as he shall consider to be necessary or proper for securing that the average weekly earnings payable in a normal full working week to any person whose hours of work are reduced by such regulations shall not be reduced merely because of such reduction in his hours of work :

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sections 29 and 52 of the Conditions of Employment Act, 1936 , and of every and any other power him in this behalf enabling, and having first consulted with representatives of employers and representatives of workers pursuant to sub-section (2) of the said Section 29 and sub-section (3) of the said Section 52, makes by this Order the following regulations, that is to say :—

1. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

2. The form of industrial work specified in the Schedule to this Order is hereby declared to be excluded industrial work for the purpose of Sections 32 , 33 , 34 and 41 of the Conditions of Employment Act, 1936 .

3. The hours of work in respect of the form of industrial work declared by the preceding regulation to be excluded industrial work for the purposes of Sections 32, 33, 34 and 41 of the said Act are hereby fixed as follows, that is to say :—

(a) the workers shall be employed under a system providing for at least four shifts ;

(b) the hours of work of each worker shall not exceed an average of 42 per week, such average being calculated over a period not exceeding four weeks ;

(c) the length of a spell of work shall not exceed eight hours ;

(d) the interval between two spells of work by the same shift shall not be less than sixteen hours : Provided that this interval may where necessary be reduced on the occasion of the periodical change over of shifts.

4. The average weekly earnings payable in a normal full working week to any person whose hours of work are reduced by these regulations shall not be reduced merely because of such reduction in his hours of work.

This Order may be cited for all purposes as the Conditions of Employment (Glass Bottle Works) (Exclusion) Order, 1936.

By Order of the Minister for Industry and Commerce.

Dated this 15th day of December, 1936.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

The industrial work done by workers who, in glass works where bottles or similar glass articles produced by the same processes as bottles are produced by automatic machinery, work in successive shifts and are employed in connection with generators, tank furnaces, automatic machinery, annealing furnaces and operations accessory to the working of the above.