S.I. No. 238/1952 - Employment Regulation Order (Aerated Waters Joint Labour Committee), 1952.


S.I. No. 238 of 1952.

EMPLOYMENT REGULATION ORDER (AERATED WATERS JOINT LABOUR COMMITTEE), 1952.

WHEREAS the Labour Court (hereinafter called " the Court ") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 (hereinafter called " the Act ") made an Employment Regulation Order dated the 3rd May, 1951 (hereinafter called " the said Order "), fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Aerated Waters Joint Labour Committee (hereinafter called " the Committee ") operates :

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates :

AND WHEREAS the provisions of Section 43 of the Act have been complied with :

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 of the Act hereby orders as follows :—

(1) This Order may be cited as Employment Regulation Order (Aerated Waters Joint Labour Committee), 1952.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from the 15th day of August, 1952, and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.—GENERAL MINIMUM TIME RATES.

Per Hour

s.

d.

SECTION I.—Male workers of 21 years of age and over

2

5

   "  "  " 20 and under 21 years of age

1

   "  "  " 19 " " 20 "  " "

1

   "  "  " 18 " " 19 "  " "

1

4

   "  "  " 17 " " 18 "  " "

1

   "  "  " 16 " " 17 "  " "

1

1

under 16 years of age

0

11½

SECTION II.—Female workers of 18 years of age and over

1

5

  "  "  " 17 and under 18 years of age

1

  "  "  " 16 "  "  17 "  " "

1

1

 under 16 years of age

0

11½

Note.—In the case of workers employed on piece-work, each piece-rate paid must be such as will yield, in the circumstances of the case, to an ordinary worker not less than the appropriate General Minimum Time-rate.

PART II.—NORMAL WORKING HOURS AND OVERTIME RATES.

SECTION I.—The normal number of hours of work shall be as follows :—

For workers of 18 years and over

In any week

47

For workers whose age is less than 18 years

{

In any week

40

On any day other than the short day

8

On the short day

4

PROVIDED THAT—

(i) All hours worked by a worker on Sundays and on Customary Public or Statutory Holidays shall be regarded as Overtime to which the Overtime Rates shall apply.

(ii) In any week in which one or more Customary Public or Statutory Holidays occur, the normal number of hours shall be less in respect of each such holiday as follows :—

For workers of 18 years and over : 8½ hours if the holiday occurs on any day other than the short day ; 4½ hours if it occurs on the short day.

For workers whose age is less than 18 years : 8 hours if it occurs on any day other than the short day ; 4 hours if it occurs on the short day.

SECTION II.—The Minimum Rates for Overtime to apply in respect of hours worked by Male or Female Workers, whether employed on Time-work or on Piece-work, in excess of the normal number of hours of work shall be as follows :

(a) For all time worked in excess of the normal number of hours of work, the Overtime Rate shall be one-and-a-half times the General Minimum Time-Rate otherwise applicable, i.e. Time-and-a-half, except in so far as Double Time is payable under the provisions of paragraph (b) of this Section.

(b) For all time worked on Sundays and on Customary Public or Statutory Holidays, the Overtime Rate shall be twice the General Minimum Time-Rate otherwise applicable, i.e. Double Time.

PART III.

HOLIDAYS AND HOLIDAY REMUNERATION.

Workers in relation to whom the Committee operates and who qualify for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall, in addition to the seven consecutive whole holidays prescribed therein, be granted a further period of seven consecutive whole holidays, and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART IV.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

The above Statutory Minimum Remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Aerated Waters) Order, 1919, that is to say:—

The manufacture, wherever carried on, of mineral or aerated waters, non-alcoholic cordials, flavoured syrups, unfermented sweet drinks and other similar beverages, and the manufacture in unlicensed premises of brewed liquors, including :—

(a) The operation of bottle washing, bottling and filling, and all other operations preparatory to the sale of any of the aforesaid liquors in bottles, jars, syphons, casks or other similar receptacles; and including also

(b) The operation of bottle washing, bottling and filling and all subsidiary operations preparatory to the sale in bottles, jars or other similar receptacles of cider, ale, stout, porter, and other alcoholic beers, where all or any of such last-mentioned operations are, or is conducted or carried on in association with or in conjunction with all or any of the operations specified under (a) above, so as to form a common or interchangeable form of employment for workers, and whether the two sets of operations or any of them are or is carried on simultaneously or not.

GIVEN under the Official Seal of the Court, this 5th day of August, 1952.

(Signed) NIAL MacLIAM,

A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.