S.I. No. 90/1968 - Employment Regulation Order (General Waste Materials Reclamation Joint Labour Committee), 1968.

S.I. No. 90 of 1968.

EMPLOYMENT REGULATION ORDER (GENERAL WASTE MATERIALS RECLAMATION JOINT LABOUR COMMITTEE), 1968.

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 (General Waste Materials Reclamation Joint Labour Committee), 1966, dated 20th July, 1966 ( S.I. No. 173 of 1966 ) (hereinafter called "the said Order"), fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the General Waste Materials Reclamation 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 also submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory 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 (General Waste Materials Reclamation Joint Labour Committee), 1968.

(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 6th May, 1968, and as from that date the said Order shall be revoked.

SCHEDULE

PART I

GENERAL MINIMUM TIME RATES FOR ALL WORKERS

SECTION I.—MALE WORKERS

	Per Week from date of Order			Per Week from 1st January, 1969
	£	s.	d.	£	s.	d.
Workers under 16 years of age .. .. ..	4	17	0	5	1	4
Workers of 16 and under 18 years of age ..	7	4	10	7	11	4
Workers of 18 years of age and over .. ..	11	9	5	11	19	11

SECTION I (A).—MALE WORKERS WHO ENTER THE EMPLOYMENT AFTER THE DATE OF THE MAKING OF THE EMPLOYMENT REGULATION ORDER

	Per Week from date of Order			Per Week from 1st January, 1969
	£	s.	d.	£	s.	d.
21 Years of Age and Over .. .. .. ..	11	9	5	11	19	11
20 Years of Age and Under 21 .. .. ..	10	9	3	10	18	8
19 Years of Age and Under 20 .. .. ..	9	7	9	9	16	2
18 Years of Age and Under 19 .. .. ..	8	6	6	8	14	0
17 Years of Age and Under 18 .. .. ..	6	16	8	7	2	10
16 Years of Age and Under 17 .. .. ..	5	16	8	6	1	11
Under 16 Years .. .. .. .. ..	4	17	0	5	1	4

SECTION II.—FEMALE WORKERS

	Workers of 18 years of age or over						Workers whose age is less than 18 years
	From date of Order			From 1st January, 1969			From date of Order			From 1st January, 1969
	Per Week			Per Week			Per Week			Per Week
£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
During first year of employment ..	5	5	5	5	10	2	3	16	11	4	0	4
During second year of employment	5	19	11	6	5	4	4	10	7	4	14	8
During third and subsequent years of employment ..	7	1	2	7	7	6	5	7	0	5	11	10

NOTE: For the purpose of calculating the General Minimum Time-Rate payable to a worker in respect of each hour of employment the appropriate weekly rate set out above should be divided in the case of a worker of 18 years or over by the appropriate number of hours and in the case of a worker whose age is less than 18 years by 40.

PART II.

NORMAL WORKING HOURS AND OVERTIME RATES.

SECTION I.—

(a) The normal working week shall be one of 5 days.

(b) The normal hours of work shall be as follows:—

With effect from	For Workers of 18 years of age and over
Date of Order	1st January 1969	1st July, 1969	1st January, 1970	For Workers whose age is less than 18 years
In any week..	42	41½	41	40	40

PROVIDED THAT—

(i) All time worked on Saturday, Sunday and Customary Public or Statutory Holidays shall be regarded as Overtime to which the Overtime Rates shall apply.

(ii) The Overtime Rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours for the week.

(iii) The Overtime Rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week except in so far as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

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 declared normal number of hours of work shall be as follows:—

(a) For the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-quarter times the Minimum Rate otherwise applicable, i.e. Time-and-a-quarter.

(b) For Overtime after the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-half times the Minimum Rate otherwise applicable, i.e. Time-and-a-half.

(c) For all hours worked on Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be twice the Minimum Rate otherwise applicable, i.e. Double Time.

(d) For all hours worked in any week in excess of the declared normal number of hours for the week, the Overtime Rate shall be time-and-a-quarter except in so far as higher Overtime Rates are payable under the provisions of paragraphs (b) and (c) of this section.

PART III.

ANNUAL HOLIDAYS.

SECTION 1.—Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 .

(a) A worker in relation to whom the Committee operates and who qualified for annual leave under the Holidays (Employees) Act, 1961 , shall be granted additional annual leave as follows:—

3 additional days in the employment year 1967/1968 and future employment years.

2 further additional days in the employment year 1968/69 and future employment years.

(b) Payment in respect of additional annual leave shall be calculated in the same manner as payment in respect of annual leave under Section 10 of the Holidays (Employees) Act, 1961 .

(c) The expression "employment year" where used in this Part shall have the meaning ascribed to it in the Holidays (Employees) Act, 1961 .

(d) Additional Annual Leave may be granted at such time as may be agreed between the worker and the employer.

PART IV.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

The above minimum rates of wages shall apply, subject to the provisions of the Industrial Relations Act, 1946 , to all workers, in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Waste Materials Reclamation) Order, 1920 that is to say:—

1. The collecting, sorting or grading of the following materials:— Rags; waste paper; paper stock; woollen, worsted, cotton jute, flax, hemp or other textile waste; textile clippings or cuttings; used bags, sacks or sacking; scrap rubber; scrap iron or other scrap metal; fur cuttings; rabbit skins; bones or fat; used tins, broken glass or earthenware.

2. The collecting, sorting or grading of the following articles when collected, sorted or graded in association with or in conjunction with the collecting, sorting or grading of the waste materials specified above:— Discarded clothing (including head-gear or foot-gear); discarded textile articles; old ropes, used bottles or used jars.

3. The following operations when carried on in association with or in conjunction with the collecting, sorting or grading of any or all of the waste materials specified in (1) above:— The ripping of worn clothes for rags; the picking of old ropes; the trimming of paper salvage; the washing of used bottles or used jars; the washing of used tins; the breaking of scrap metal; the drying of rabbit skins; the making or repairing of sacks or bags; the willowing, pulling, scouring, carbonising or putting down mixings of textile waste.

4. The operations of receiving, packing, compressing, teagling, craning, despatching or warehousing when carried on in association with or in conjunction with any of the above-mentioned operations; but excluding:

(a) any of the above-mentioned operations when carried on in the establishments in which the waste materials are produced, or in which they are used as raw materials for further manufacture;

(b) the making or repairing of sacks or bags when carried on in a factory or workshop engaged solely or mainly in the making or repairing of sacks or bags;

(c) the collecting, sorting, grading or drying of rabbit skins when carried on in an establishment in which such operations are the main or principal business or when carried on in or in association with or in conjunction with any business, establishment, branch or department engaged in the manufacture of hatters' fur;

(d) (i) the collecting, sorting or grading of cotton waste when carried on in an establishment in which such operations are the main or principal business;

(ii) any of the operations included in paragraphs 1, 2, 3 and 4 above, other than operations specified in paragraph (d) (i) above, when carried on in or in association with or in conjunction with any establishment of the kind specified in subparagraph (i) above.

PART V.

GENERAL.

In the case of workers employed on Piece-work, each piece-rate must be such as will yield in the circumstances of the case to an ordinary worker, not less than the appropriate statutory minimum remuneration. In determining whether any piece-rate satisfied this condition regard must be had only to the earnings of ordinary workers, i.e., workers of ordinary skill and experience in the class of work in question and not to the earnings of workers of less than ordinary skill and experience, e.g., learners and infirm workers.

GIVEN under the Official Seal of the Labour Court this 24th day of April,

1968.

D. MAC DIARMADA,

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 minimum rates of pay and regulates conditions of employment for workers employed in the General Waste Materials Reclamation Trade, as from 6th May, 1968. It is made by the Labour Court on the recommendation of the General Waste Materials Reclamation Joint Labour Committee.