S.I. No. 1/1961 - Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1961.

S.I. No. 1 of 1961.

EMPLOYMENT REGULATION ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE), 1961.

WHEREAS the Labour Court (hereinafter called " the Court ") made Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1959, dated the 28th October, 1959 (hereinafter called " the said Order ") ;

AND WHEREAS the Aerated Waters and Wholesale Bottling Joint Labour Committee (hereinafter called the Committee) has 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 Committee has submitted to the Court a proposal for revoking the said Order ;

AND WHEREAS the provisions of Section 43 of the Industrial Regulations Act, 1946, (hereinafter called " 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 and Wholesale Bottling Joint Labour Committee), 1961.

(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 11th day of January, 1961, and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.—GENERAL MINIMUM TIME RATES.

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 :—

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 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.

(a) 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.

(b) Notwithstanding the provisions of (a) above the management of any particular establishment affected by the Order may by arrangement with any worker concerned therein substitute for the further period of seven consecutive whole holidays six single days' holidays with pay.

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 as specified hereunder :—

THE AERATED WATERS AND WHOLESALE BOTTLING TRADE, that is to say :

(a) The manufacture, wherever carried on, of mineral or aerated waters non-alcoholic cordials, flavored syrups, unfermented sweet drinks, and other similar beverages, and the manufacture under licence of brewed liquors elsewhere than upon the licensed premises of a cider manufacturer or of a brewer of beer ;

(b) the operations 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 ;

(c) the operations of bottle-washing, bottling and filling and all subsidiary operations preparatory to the sale under a Beer Dealer's licence in bottles, jars or other similar receptacles of ale, stout, porter and other alcoholic beers except where such operations are conducted or carried on upon the licensed premises of a brewer of beer, and

(d) the operations of bottle-washing, bottling and filling and all subsidiary operations preparatory to the sale by wholesale of cider in bottles, jars or other similar receptacles, except where such operations are conducted or carried on upon the licensed premises of a cider manufacturer.

GIVEN under the Official Seal of the Court this 4th day of January, 1961.

(Signed) P. D. McCARTHY.

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

EXPLANATORY NOTE

This Instrument fixes minimum rates of pay and conditions of employment as from the 11th January, 1961, for workers employed in the Aerated Waters and Wholesale Bottling Trade. It is made by the Labour Court on the recommendation of the Aerated Waters and Wholesale Bottling Joint Labour Committee.