S.I. No. 108/1962 - Employment Regulation Order (Creameries Joint Labour Committee), 1962.

S.I. No. 108 of 1962.

EMPLOYMENT REGULATION ORDER (CREAMERIES JOINT LABOUR COMMITTEE), 1962.

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 Employment Regulation Order (Creameries Joint Labour Committee), 1961, dated 24th November, 1961, (hereinafter called " the said Order ") fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Creameries Joint Labour Committee (hereinafter called " the Committee ") operates ;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order ;

AND WHEREAS 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 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 the Employment Regulation Order (Creameries Joint Labour Committee), 1962.

(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 Second day of July, 1962, and as from that date the said Order shall be revoked.

SCHEDULE.

Section 1.—Workers to whom the Employment Regulation Order applies.

Workers employed :—

(a) in a Creamery registered in the register of Creameries kept by the Minister for Agriculture in pursuance of the provisions of the Dairy Produce Act, 1924 (No. 58 of 1924), or

(b) in a Cream-Separating station registered in the register of Cream-Separating Stations kept by the Minister for Agriculture in pursuance of the said Act, or

(c) on a Vehicle licensed by the Minister for Agriculture under Section 3 of the Dairy Produce (Amendment) Act, 1934 , (No. 34 of 1934), to carry on cream-separating business.

Whilst engaged in the making of butter, cheese or other dairy produce or in any process preparatory or incidental thereto, including :—

(i) the collection of milk and the separation of cream,

(ii) the upkeep and maintenance of plant and machinery,

(iii) packing and warehousing,

(iv) transport,

but excluding :—

Managers, Branch Managers, Assistant Managers, Managers of Portable Creameries, and workers engaged solely as clerks or typists and workers engaged in the manufacture of condensed milk.

Section 2.—Workers employed in Creameries.

Subject to the provisions of Section 8 of this Schedule workers employed in Creameries shall be paid for a normal working week as defined in Section 6 of this Schedule not less than the following remuneration:—

Section 3.—Workers employed in Cream Separating Stations.

Subject to the provisions of Section 8 of this Schedule workers employed in Cream-Separating Stations shall be paid for a normal working week as defined in Section 6 of this Schedule not less than the following remuneration—

Section 4.—Additional Payment for Sunday Work.

In addition to any other payment due under this Order a worker shall be paid 3s. 9d. per hour for all hours worked on a Sunday subject to a maximum payment of 15s. 0d. for any one Sunday.

Section 5.—Classification of Workers.

All workers for the purposes of this Schedule shall be classified as either Permanent Workers, Seasonal Workers, Off-Seasonal Workers or other Workers.

Permanent Workers are those who in accordance with the custom of the industry are engaged to work each week throughout the year the normal working week as defined in Section 6 (b) and whose names are entered in the register of Permanent Workers required to be maintained under Section 7 hereunder.

Seasonal Workers are those who in accordance with the custom of the industry are engaged to work each week throughout the milk season only, the normal working week as defined in Section (6) (a) and whose names are entered in the register of Seasonal Workers required to be maintained under Section 7 hereunder provided that such workers may be re-engaged before the commencement or after the termination of the milk season as Off-Seasonal Workers or Other Workers as defined hereunder.

Off-Seasonal Workers are those who in accordance with the custom of the industry are engaged to work outside the milk season on 5 days or less in the week provided that an Off-Seasonal Worker ceases to be an Off-Seasonal Worker and may become a Seasonal Worker at the commencement of the milk season.

Other Workers are those who are not classified in accordance with this Section as Permanent Workers, Seasonal Workers or Off-Seasonal Workers.

For the purpose of the above definitions the milk season means a varying season commencing at any time after the 1st day of March in any year and ending at any time before the 31st day of October in the same year and different milk seasons may exist in different creamery areas.

Section 6.—Normal working week.

Subject to the provisions of the Conditions of Employment Acts, 1936 and 1944, and of the Conditions of Employment (Creameries) (Exclusion) Order, 1936, (S.R. & O., No. 353 of 1936) the normal working week for workers shall be as follows :—

(a) For Workers other than Permanent Workers the normal working week shall not exceed 46 hours ;

(b) for Permanent Workers the normal working week shall be a week of so many hours as shall be fixed by the employer for any week or period of weeks and different numbers of hours may be fixed by different employers provided that :—

(i) the total number of hours so fixed for any week shall be such that the weekly average for any individual worker for any calendar year shall not exceed 46 ;

(ii) the total number of hours so fixed for any individual worker in any week shall not exceed 58.

For the purposes of this sub-section, annual holidays shall be regarded as time worked and shall be reckoned as 138 hours on the basis of 46 hours for the seven consecutive whole holidays and seven and two thirds hours per day for each of the twelve additional holidays.

Section 7.—Lists of Permanent Workers and Seasonal Workers.

Employers shall maintain a register showing separately the names of (a) Permanent Workers and (b) Seasonal Workers, such register to be signed on behalf of the employer and by each worker concerned. Employers shall post-up and keep posted up a notice giving the number of hours to be worked by each Permanent Worker in the week then current. A sufficient number of copies of the notice shall be posted up and kept posted up so as to ensure that it shall be brought to the knowledge of and can conveniently be read by all workers affected thereby.

Section 8.—Computation and Payment of Remuneration.

(a) Employers of Permanent Workers or Seasonal Workers, as defined in Section 5 of this Schedule, shall pay to such workers a full week's wages in respect of any week in which they worked the hours required of them by their employer notwithstanding that such hours may be less than 46 in the case of Seasonal Workers or the normal working week prescribed in Section 6 (b) of this Schedule, in the case of Permanent Workers.

(b) Employers of Off-Seasonal Workers and Other Workers as defined in Section 5 of this Schedule shall pay to such workers a full day's pay in respect of each normal day or part thereof worked.

(c) A full day's pay shall be reckoned as one-sixth of the appropriate weekly wage, exclusive of overtime.

(d) If any worker absents himself from work without leave, for any day or portion of a day, the employer shall have the right to deduct from the worker's remuneration for that day or portion, a sum equivalent to the pay for the number of hours so missed.

Section 9.—Sunday Work, Overtime and Overtime Rates.

(a) All time worked in excess of four hours on any Sunday by any worker, shall be overtime and shall be paid for at the rate of Double Time.

(b) All time worked in excess of 46 hours in any week by a worker other than a Permanent Worker, less any hours paid for as overtime in accordance with (a) of this section, shall be overtime and shall be paid for at the rate of time-and-a-quarter.

(c) All hours worked by a Permanent Worker in excess of his normal working week as defined in section 6 (b) of this Schedule less any hours paid for as overtime in accordance with (a) of this section, shall be overtime and shall be paid for at the rate of time-and-quarter.

(d) For the purposes of this section, the expressions "Time-and-a-half" and "Time-and-a-quarter" shall mean the appropriate weekly rate divided by forty-six and increased by fifty per cent, and twenty five per cent, respectively.

Section 10.—Annual Holidays.

A worker who qualifies 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 twelve whole holidays with pay in each employment year (hereinafter called "additional holidays"). Additional holidays may include Public Holidays, Church Holidays and other Customary Holidays, and subjectto the provisions of the Holidays (Employees) Act, 1939 , may be granted on such days, other than Sundays, as may be decided by the employer.

Payment in respect of additional holidays shall be calculated in the same manner as payment in respect of annual leave under Section 10 of the Holidays (Eimpoyees) Act, 1939.

GIVEN under the Official Seal of the Labour Court this 21st day of June, 1962.

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 new statutory minimum rates of remuneration and regulates statutory conditions of employment of workers employed in Creameries on behalf of whom the Creameries Joint Committee operates. It is made by the Labour Court on the recommendation of the Committee.