S.I. No. 44/1969 - Industrial Training (Clothing and Footwear Industry) Order, 1969.

S.I. No. 44 of 1969.

INDUSTRIAL TRAINING (CLOTHING AND FOOTWEAR INDUSTRY) ORDER, 1969.

An Chomhairle Oiliúna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by Section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following Order:—

1. This Order may be cited as the Industrial Training (Clothing and Footwear Industry) Order, 1969.

2. The activities of the clothing and footwear industry specified in the Schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE.

1. (i) In this Schedule : —

" carrying out on commission " means the carrying out by a person in pursuance of a contract of work or labour (with or without the provision of materials) of a process or manufacture wholly or mainly upon or from materials owned in the course of his business by another person;

" clothing and footwear activities " means any one or more of the principal activities of the clothing and footwear industry or of the activities included in that industry by virtue of paragraph 2 (x) of this Schedule;

" company " includes any body corporate, and " subsidiary " has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

" knitted article " means any article manufactured on a knitting machine;

" knitted fabric " means fabric manufactured on a knitting machine;

" knitting machine " means a warp-knitting, weft-knitting or crocheting machine;

" lace, lace net or embroidery " means any articles in the manufacture of which a process has been carried out on one or more of the following machines:—

Schiffli or other multi-needle shuttle embroidery machine, not being a single needle embroidery machine operated singly or in a battery,

Barmen lace machine,

Leavers lace machine,

Nottingham lace curtain machine,

Plain net machine,

Raschel or other warp lace machine:

" manufacture " includes any process or operation incidental to manufacture;

" office premises " has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

" plastics material " means any material made wholly or mainly by addition, polyaddition, condensation, polycondensation, polymerisation, copolymerisation, esterification or other similar chemical process, or regenerated or modified cellulose, or hardened proteins, or natural resin modified by fusion or esterification;

" principal activities of the clothing and footwear industry " means activities which, subject to the provisions of paragraph 3 of this Schedule, are specified in paragraph 2, other than sub-paragraphs (x) and (xi) thereof as activities of the clothing and footwear industry;

" processing " in relation to rubber means masticating, compounding, mixing, calendering, extruding, moulding, pressing, casting, dipping, coating, vulcanising or foaming;

" related activities " means any of the following activities that is to say—

(a) research, development, design or drawing,

(b) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations,

(d) cleaning, washing or garaging vehicles or carrying out running repairs or minor adjustments thereto,

(e) training of employees or apprentices;

" repair " includes altering or dyeing;

" rubber " means the following products, whether or not vulcanised or hardened, that is to say, natural rubber, balata, gutta percha, and similar natural gums, synthetic rubber and factice derived from oils and such substances reclaimed;

" tailoring " includes any process or operation incidental to the manufacture of tailored garments.

(ii) For the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and " associated company " shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred to in Article 2 of this Order, namely : —

(i) all ready-made and wholesale bespoke tailoring and all retail bespoke tailoring carried on in a factory where garments are made up for two or more retail establishments;

(ii) the manufacture of—

(a) raincoats, oilskins, rubber and other weatherproof outerwear, including outerwear cut from plastic materials;

(b) industrial overalls, dungarees, chef's clothing or similar articles;

(c) shirts, collars, cuffs, pyjamas, socks, dressing-gowns, aprons, underclothing, athletic clothing or similar articles worn by male persons;

(d) neck-ties;

(e) dresses, non-tailored skirts, wraps, blouses, blouse-robes, jumpers, sports coats, neckwear, tea-gowns, dressing-gowns, dressing-jackets, night-dresses, pyjamas, stockings, underclothing, underskirts, domestic aprons and overalls, collars, cuffs, nurses' washing belts or other untailored articles worn by female persons;

(f) juvenile clothing or baby linen (excluding nursery squares);

(g) knitted articles, knitted fabrics, lace, lace net or embroidery;

(h) any knitted article of wearing apparel, whether or not such article is specified elsewhere in this sub-paragraph or in sub-paragraph (iii), (iv) or (v);

(i) any article specified in this sub-paragraph or in sub-paragraph (iii), (iv) or (v) embodying lace, lace net or embroidery;

(iii) the manufacture of headgear from any material, or the trimming thereof, including the manufacture of—

(a) wool felt, fur felt and fur hats, hoods and cape lines;

(b) oilskin, rubberised or other weatherproof headgear;

(d) field bonnets, sun bonnets, boudoir caps and infants' millinery;

(iv) all work in connection with the manufacture of—

(a) corsets, corsellettes, stays, children's corset bodies, and infants' staybands;

(b) brassieres and bust confiners;

(d) stocking suspenders, suspender belts and suspender pads;

(v) the manufacture of—

(a) all types of cloth, leather or fur gloves and mittens;

(b) belts and braces (other than leather), garters, suspenders, cloth leggings and gaiters or similar articles;

(vi) the arrangement, either directly or through another person, for the carrying out on commission of any of the foregoing activities where the person upon or from whose materials the process or manufacture is wholly or mainly to be carried out is engaged in any of the said activities;

(vii) the manufacture or repair of boots, shoes, slippers, clogs, leather leggings, insoles, leather soles and heels or similar articles;

(viii) the manufacture or repair of trunks, suitcases, handbags, document cases or covers, wallets, purses, belts, braces, straps, harness, saddlery and other articles of leather or leather substitutes;

(ix) the dressing, dyeing and making up of furs and of skins for furriers' purposes including—

(a) the dressing or dyeing or general preparation of furs or skins;

(b) the manufacture of furs or skins into garments, rugs, or other articles;

(c) the lining with fur of coats, cloaks, mantles, capes, gloves or similar articles where carried out by fur manufacturers;

(x) any activities, being—

(a) related activities incidental or ancillary to principal activities of the clothing and footwear industry; or

(b) activities undertaken in the administration, control or direction of one or more establishments engaged wholly or mainly in principal activities of that industry, in related activities, incidental or ancillary thereto, or in the administration, control or direction of one or more establishments engaged in such principal or related activities;

and carried out, in either case, by the employer engaged in those principal activities, or, where the employer is a company, by the company or by an associated company of the company;

(xi) any activities of industry or commerce (other than clothing and footwear activities) carried out at or from an establishment mainly engaged—

(a) in clothing and footwear activities; or

(b) in clothing and footwear activities and in activities described in the Appendix to this Schedule, but to a greater extent in clothing and footwear activities than in activities described in that Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely:

(i) the activities of any establishment engaged—

(a) mainly in activities not being clothing and footwear activities or activities described in the Appendix to this Schedule; or

(b) to a less extent in clothing and footwear activities than in activities described in that Appendix in relation to any one industry;

(ii) the activities of those branches of bespoke tailoring in which the tailor supplies the garment direct to the individual wearer and employs the worker direct. For the purpose of this clause a worker is deemed to be employed by the tailor direct if employed by another worker in the employ of the tailor to whom a minimum rate of wages is applicable; or if employed by a sub-contractor engaged in cutting, making or finishing garments exclusively for the tailor in the tailor's shop or in a building of which the shop forms part or to which the shop is attached;

(iii) the activities of the ostrich and fancy feather and artificial flower trade, that is to say—

(a) the preparation throughout of ostrich or fancy feathers from the natural condition to the finished feather product;

(b) the making of artificial flowers, fruit, foliage, grasses, mosses, seeds or pods from paper, wax, textile materials, porcelain, glass, plaster, metal composition, rubber, leather, raffia, celliphane and similar materials;

(d) the manufacture of hats of any of the articles specified in heads (a), (b) and (c) when carried out at or from an establishment mainly engaged in any of the operations specified in those heads;

(e) the manufacture of feather garments (including neckwear and muffs), feather trimmings for dresses, feather fans or feather mountings of any description when carried out at or from an establishment mainly engaged in the preparation of ostrich or fancy feathers;

(iv) the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say—

(a) the casting and manufacture of solid metal helmets;

(b) the manufacture, by an employer engaged mainly in the processing of rubber, of gloves or footwear or of components for footwear;

(d) the manufacture of any of the articles specified in sub-paragraph (iv) of paragraph 2 when carried out at or from an establishment mainly engaged in the manufacture of surgical instruments or appliances;

(e) the manufacture of corset steels and busks;

(f) the manufacture of umbrellas and parasols, including their covering;

(g) the manufacture of walking sticks;

(h) the manufacture of wooden soles, heels, lasts, boot trees and similar articles;

(i) the manufacture of fur toys; or

(j) the repair of mechanically propelled vehicles used on roads;

(v) the supply of food or drink for immediate consumption;

(vi) the activities of any company, association or body having as its sole or one of its principal objects the provision of facilities for the employment of or the training or re-training for employment of disabled persons provided the constitution of such company, association or body requires that its income and property shall be applied solely to such object or to such object and other charitable objects and that no portion thereof may be transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of such company, association or body. Nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of such company, association or body or to any member thereof in return for services actually rendered or the payment of interest at a reasonable rate on money lent or reasonable and proper rent for premises demised or let by a member.

APPENDIX

The activities that would be included in an industry, specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

Column 1	Column 2	Column 3
The textiles industry	The Industrial Training (Textiles Industry) Order, 1968 ( S.I. No. 278 of 1968 )	Paragraph2 (xxx)
The engineering industry	The Industrial Training (Engineering Industry) Order, 1969 ( S.I. No. 40 of 1969 )	Paragraph2 (xxvi)

GIVEN under the seal of An Chomhairle Oiliúna this 24th day of March, 1969.

The Seal of An Chomhairle Oiliúna was affixed in the presence of :

M. J. KILLEEN, Chairman,

and

B. MAC MANUS,

an officer of An Chomhairle Oiliúna, authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 , to promote training in industry and commerce.

This Order defines the activities of the Clothing and Footwear Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.