S.I. No. 42/1945 - Apprenticeship Committee For The House Painting and Decorating Trade (Confirmation of Rules) Order, 1945.

STATUTORY RULES AND ORDERS. 1945. No. 42.

APPRENTICESHIP COMMITTEE FOR THE HOUSE PAINTING AND DECORATING TRADE (CONFIRMATION OF RULES) ORDER, 1945.

THE APPRENTICESHIP COMMITTEE FOR THE HOUSE PAINTING AND DECORATING TRADE (CONFIRMATION OF RULES) ORDER, 1945, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 16TH DAY OF FEBRUARY, 1945, PURSUANT TO SUBSECTION (1) OF SECTION 9 of THE APPRENTICESHIP ACT, 1931 .

WHEREAS the Apprenticeship Committee for the House Painting and Decorating Trade, established in accordance with the House Painting and Decorating Trade (Constitution of Apprenticeship Committee) Regulations, 1935, for the particular trade declared by the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, to be a designated trade for the purposes of the Apprenticeship Act, 1931 , and in the area constituted by the Apprenticeship Act (House Painting and Decorating Trade) Apprenticeship District Order, 1935, to be an apprenticeship district for the purposes of such designated trade, has, in exercise of the powers conferred on it by Section 8 of the said Act, made the rules set out in the schedule to this Order, and has submitted the same to the Minister for Industry and Commerce :

AND WHEREAS it is enacted by sub-section (1) of Section 9 of the said Act that the Minister for Industry and Commerce may, in respect of any rule submitted to him by an apprenticeship committee under the said Act, either by order confirm such rule or refuse to confirm such rule :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of Section 9 of the Apprenticeship Act, 1931 , and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Apprenticeship Committee for the House Painting and Decorating Trade (Confirmation of Rules) Order, 1945.

2. The rules set out in the schedule to this Order are hereby confirmed.

3. The rules set out in the schedule to this Order shall come into force on the 2nd day of March, 1945.

SCHEDULE.

RULES MADE BY THE APPRENTICESHIP COMMITTEE FOR THE HOUSE PAINTING AND DECORATING TRADE ON THE 24TH JANUARY, 1945.

PART I.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee prescribe that the period of apprenticeship in the Trade shall be six years.

Provided that :—

(i) An employer may employ an apprentice on first employment in the Trade for a probationary period not exceeding six months, save in the case of an apprentice who comes within the provisions of proviso (v) ;

(ii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter ;

(iii) The other Rules indicated in this Schedule shall apply during and in relation to the probationary period ;

(iv) Where an apprentice is, through illness, continuously absent from employment for a period in excess of three months, the appropriate year of his employment by way of apprenticeship shall be extended by a period equal to such excess period ;

(v) Satisfactory attendance at a recognised whole-time course of trade instruction, commenced before the age of 15 years, or, where the person concerned is already attending such a course on the effective date, 16 ½ years, shall up to a limit of 2 years count as part of the Apprenticeship period. A recognised whole-time course of trade instruction is defined for this purpose as any course of trade instruction which the Committee may specifically recognise as satisfying this requirement, and which contains not less than 1,000 hours' instruction per school year, including a minimum of 500 hours' instruction in Trade Theory and Practice.

PART II.—RULES REGULATING THE MINIMUM RATES OF WAGES.

The Committee prescribe hereunder the Minimum Rates of Wages (other than wages for overtime) to be paid to apprentices in the Trade :—

Provided that :—

(a) The above Rates shall be payable, in the case of apprentices of 18 years of age or over, per week of 48 hours and, in the case of apprentices of under 18 years of age, per week of 40 hours ;

(b) For the purpose of calculating the Minimum Rate per hour to which an apprentice is entitled, the Minimum Rate per week to which the apprentice is entitled under these Rules shall be divided by the maximum number of hours which may be worked in any week by the apprentice under Part IV of the Schedule to the Apprenticeship Committee for the House Painting and Decorating Trade Confirmation of Rules Order, 1938 ;

(c) For the purpose of determining the minimum rates applicable to apprentices who have attended a recognised whole-time course of trade instruction as defined in Part I, proviso (v), full-time attendance at such course shall, on continuing apprenticeship with an employer, be regarded as part of the apprenticeship period ;

(d) The above minimum rates are without prejudice to the payment of higher rates by agreement or otherwise.

PART III.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix, in relation to each employer carrying on the Trade and specified in a list of such employers from time to time prepared by the Committee, the standard number ofapprentices whom the Committee consider should be employed by each such employer, as follows :—

Provided that :—

(i) Where the number of journeymen employed by an employer exceeds the prescribed number shown in column 2 the employer may employ one apprentice in respect of each complete prescribed number of journeymen ;

(ii) The number of apprentices to be employed by an employer shall not, however, at any time exceed eight ;

(iii) Where an employer carries on his business in areas A, B or C, set out in column 1 of this Part and is habitually engaged in the performance of the work of a journeyman in the trade, he shall be accounted a journeyman for the purpose of computing the number in column 2, subject to the Committee on being satisfied that he is a bona fide Master Painter who has continuously carried on his business as such for a period of not less than 6 years, making an Order to that effect in each individual case ;

(iv) The Committee may at any time revoke the Order without prejudice to the completion of any other existing apprenticeship ;

(v) Where the Committee are satisfied in any particular case that special facts or circumstances warrant such action they may, by Order, reduce the period of 3 years mentioned at the head of column 2 in that particular instance.

For the purposes of this Rule, 280 days employment in any year ended 31st December of a journeyman or journeymen on the operations specified in Part V of this Schedule shall be equivalent to the continuous employment of one journeyman for that year.

PART IV.—RULES REGULATING THE EDUCATIONAL QUALIFICATIONS OF APPRENTICES.

The Committee prescribe that a person at entry on apprenticeship must have :—

(a) The Primary School Certificate ; or

(b) Completed not less than one year's attendance at a whole-time Junior Day Technical School Course conducted by a Vocational Education Committee ; or

(c) Where the Committee have declared that such a recognised whole-time course of trade instruction as is defined in Part I, proviso (v) shall carry exemption, attendance at such course; and in any case

(d) shall have a certificate that he has passed a test in the recognition and matching of colours, such certificate to be signed by a Teacher of Drawing or Painting in a Vocational School, or by a Master Painter, or by a Journeyman Housepainter other than the proposed employer.

The Committee may, however, issue a certificate of exemption from this Rule, save paragraph (d) in the case of an apprentice who has not the exact qualifications prescribed in (a), (b) or (c) of this Rule, but who possesses educational qualifications accepted by the Minister for Education as being reasonably equivalent.

PART V.—DEFINITION OF THE HOUSE PAINTING AND DECORATING TRADE.

The House Painting and Decorating Trade is defined in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, as being :—

THE HOUSE PAINTING AND DECORATING TRADE, that is to say :—

Any of the following operations or processes when performed on the interior or exterior of any building, ship or other craft or structure or erection of any kind :—

1.—Painting and Distempering.

(a) The application of paint, distemper or other medium of any kind to any surface by manual or mechanical process, and the preparatory mixing of such paint, distemper or other medium for the purpose of producing various finishes.

(b) The preparation of the grounds and all operations (including the removal of paint, knotting, priming, stopping, filling up, surfacing and washing) preparatory to the application of such paint, distemper or other medium.

(c) Dusting, cleaning or washing for purposes of restoration or renovation when done on any surface either apart from or in conjunction or in association with operations involving the application of paint, distemper or other medium.

(d) Hacking-out, puttying and glazing when such operations are performed in conjunction or in association with operations involving the application of paint, distemper or other medium.

2.—Papering and Whitening.

(a) The hanging and application of wallpaper and other hangings including textile fabrics, imitation leather papers, Japanese grass cloth and relief materials.

(b) The papering or whitening of ceilings.

3.—Imitation Painting.

The operation of graining (including processes by roller and transfer), marbling, gilding, graniting, and also the representation of inlays, marqueterie, mosaic, ivory, bronze and other imitational paintings.

4.—Decorative Painting.

Striping, lining and outlining, stippling, stencilling (including the designing and cutting of stencils), oil gilding, matt and burnish gilding, glazing, scumbling, gesso, representation of tapestry, painting or distempering in monochrome or in polychrome or in raised or sanded decorative style.

5.—Lettering.

Letter-writing and embossing, gilding and colouring on glass, heraldic painting and the treatment and fixing by adhesive composition of letters made of wood or other substance.

6.—Staining.

The preparation, mixing and application of stains, ornamental and decorative staining, chemical staining, oil and wax polishing.

7.—Varnishing.

The application of spirit oil, gum, cellulose or varnish by manual or mechanical means, including the processes of felting down and hand polishing, flatting and encaustic varnishing.

INCLUDING

The necessary preparatory processes in connection with the work detailed in the foregoing paragraphs numbered 2 to 7 inclusive.

BUT EXCLUDING

(a) The veneering of wood, staining, enamelling, painting, japanning, lacquering, spraying and any other like operation if such operation be ancillary to and carried on in the same premises as any of the processes mentioned in the First Schedule to the Apprenticeship Act (Furniture Trade) Special Order, 1934.

(b) All or any of the above-mentioned operations or processes when applied to the work of vehicle painting.

By Order of the Minister for Industry and Commerce.

Dated this 16th day of February, 1945.

(Signed) R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.