S.I. No. 295/1995 - Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1995.

S.I. No. 295 of 1995.

EMPLOYMENT REGULATION ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE), 1995.

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 (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1994 dated 2nd August, 1994 ( S.I. No. 250 of 1994 ) (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 Aerated Water and Wholesale Bottling 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 48 of the Industrial Relations Act, 1990 (hereinafter called "the 1990 Act") have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the 1990 Act hereby, orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1995.

NOTE: Enquiries should be directed to The Secretary, Joint Labour Committees Section, Tom Johnson House, Haddington Road, Dublin 4 (Phone 6608444 Extension Nos. 301, 303 and 304).

(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 20th November, 1995 and as from that date the said Order shall be revoked.

PART I GENERAL MINIMUM TIME-RATES WEEKLY RATES

Section I

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.

HOURLY RATE

The hourly rate should be ascertained by dividing by the appropriate number of hours as set out in Part II, Section 1.

PART II CONDITIONS OF EMPLOYMENT

NORMAL WORKING HOURS AND OVERTIME RATES

Section I:

( a ) The normal number of hours to be worked by workers in relation to whom the committee operates shall be as follows:—

The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

( b ) The working week shall be one of 5 days, the off-days to be taken on the normal local short day, unless otherwise mutually agreed between the employer and worker.

PROVIDED THAT—

(i) All hours worked by a worker on the weekly off-day, 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, the number of hours which would have been worked on such holiday if it had been a normal working day.

Section II:—

The minimum rates for overtime to apply in respect of hours worked by 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-half times the General Minimum Time-Rate otherwise applicable — i.e. time-and-a-half except insofar as double time is payable under the provisions of paragraphs (b) and (c) 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.

( c ) For all time worked in excess of four hours on the customary day off the overtime rate shall be twice the General Minimum Time-Rate otherwise applicable —- i.e. double time.

PART III WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES

The minimum rates of remuneration and conditions of employment shall, subject to the provisions of the Industrial Relations Act, 1946 and of this Order, apply 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, flavoured 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 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, siphons, 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 license in bottles, jars and 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.

BUT EXCLUDING

Workers affected by a Registered Employment Agreement, that is, "an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers".

PART IV ANNUAL LEAVE

Workers in relation to whom the Committee operates shall be granted annual leave in accordance with the provisions of the Holidays (Employees) Act, 1973 . Those workers who do not have 20 days paid leave shall be granted a total of 20 days paid leave in the holiday year 1985 and thereafter. The additional days shall be taken at the discretion of the employer.

PART V SERVICE PAY

Workers who have been in continuous employment with the one employer to be granted service pay as follows:

PART VI SERVICE PAY (WORKERS ON MINIMUM RATES)

Only workers whose rates of pay are confined to the minimum basic rates specified in Part I Section I and who have been in continuous employment with the one employer to be granted service pay as follows:—

PART VII PENSION SCHEME

1. Full pension will be 50% of final pensionable salary. Full pension to be earned at age 65 provided the employee had completed 40 years continuous service. Provision for early retirement will be made in accordance with the actuarial procedures.

2. Death benefit of an amount equivalent to 1½ years salary shall be provided for dependants on the death of a member in service before age 65.

3. Full time permanent employees with two years continuous service aged 25 years and over and under 55 are eligible for membership of the scheme.

4. The pension from age 65 shall be payable for the lifetime of the employee with a guarantee that, on the death of the member within five years of normal retiring age, member's pension would continue for the balance of five years to a dependent relative or there should be provision of an equivalent nature for a dependent relative.

5. Pensionable salary shall be the basic rate for the employee less an amount equivalent to twice the basic Social Welfare pension at the single persons' rate. Final pensionable salary shall be the average pensionable salary over three years prior to retirement.

6. The foregoing shall be subject to a review in the event of the introduction of pay related State pension scheme.

GIVEN under the Official Seal of the Labour Court, this 13th

day of November, 1995.

(Signed) EVELYN OWENS,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 20th November, 1995 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.