S.I. No. 39/1964 - Employment Regulation Order (Brush and Broom Joint Labour Committee) (Apprentices), 1964.

S.I. No. 39 of 1964.

EMPLOYMENT REGULATION ORDER (BRUSH AND BROOM JOINT LABOUR COMMITTEE) (APPRENTICES), 1964.

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 the Employment Regulation Order (Brush and Broom Joint Labour Committee), 1960 ( S.I. No. 205 of 1960 ) (hereinafter called "the Principal Order") fixing the minimum rates of remuneration to be paid generally to and regulating the conditions of employment of workers in relation to whom the Brush and Broom Joint Labour Committee (hereinafter called "the Committee") operates ;

AND WHEREAS the Court pursuant to the same section of the Act also made Employment Regulation Order (Brush and Broom Joint Labour Committee), 1962 dated the 5th March, 1962 (hereinafter called "the Amending 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 apprentices 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 (Brush and Broom Joint Labour Committee) (Apprentices), 1964.

(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 2nd day of March, 1964.

SCHEDULE.

PART I

APPRENTICESHIP.

The employment of each class of persons specified hereunder in the manner specified shall constitute employment by way of apprenticeship in the trade :—

SECTION I.— BRANCHES OF THE TRADE OTHER THAN THE TWIG-MAKING BRANCH

(i) MALE APPRENTICES

Male employees who have not completed the period of employment indicated in Part II of this Schedule, and who are employed in two or more of the following branches of work :

(a) "Pan," (b) "Hairs," (c) "Finishing," i.e., the work of all wood-workers employed in finishing or part-finishing brushes or brooms by hand or machine, (d) "Boring," (e) the manufacture of Painting, Whitewash, Tar, or Medical Brushes, (f) the manufacture or part manufacture of stocks for brushes or brooms, or of handles for brushes, (g) the hackling, cutting or combing of bass or fibre used in the manufacture of brushes or brooms.

Provided always that instruction in the second or any subsequent branch shall commence not later than 15 months after the commencement of instruction in the branch last previously commenced.

(ii) FEMALE APPRENTICES

Female employees who have not completed the period of employment indicated in Part II of this Schedule, and who are employed in one or more of the following branches of work :

(h) "Drawing," (i) "Polishing," (j) "Machine Boring," (k) "Machine Filling," (l) the manufacture of Varnish, Medical and Wire-Twisted Brushes.

SECTION II—TWIG-MAKING BRANCH OF THE TRADE

MALE APPRENTICES

Male employees who have not completed the appropriate period of employment indicated in Part II of this Schedule, and who are employed during the whole or a substantial part of the hours of work in performing either or both of the operations of "Winding" and "Stitching."

PART II.

PERIOD OF APPRENTICESHIP.

The period of employment by way of apprenticeship shall be :—

(a) Five years in the case of male employees.

(b) Three years in the case of female employees.

Provided that—

(i) There shall be included in the calculation of the specified period of five years any period prior to the date on which this Order becomes effective during which the employee concerned was employed on either or both of the specified operations.

(ii) An employer may employ an apprentice on his first employment in the Trade for a probationary period not exceeding eight weeks.

(iii) The provisions regarding the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter.

(iv) The other provisions indicated in this Schedule shall apply during and in relation to such probationary period.

PART III.

MINIMUM RATES OF WAGES.

BRANCHES OF THE TRADE OTHER THAN THE TWIG-MAKING BRANCH

SECTION I.—MALE APPRENTICES.

(1) Minimum Time-Rates:

The minimum rates to be paid to male apprentices employed on time-work shall be equivalent to the General Minimum Time-Rates specified in the Employment Regulation Order (Brush and Broom Joint Labour Committee), 1962, Schedule 1, Part I, Section II, as the same may be amended or varied by Order made by the Labour Court from time to time.

(2) Minimum Piece-Rates:

The minimum rates to be paid to male apprentices employed on piece-work shall be equivalent, during the first three years of the period of apprenticeship to one-half, during the fourth year of the period to seven-twelfths, and during the fifth year of the period to two-thirds, of the General Minimum Piece-Rates specified in Schedule I, Part II of the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1960, as amended by the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1962, as the same may be amended or varied by Order made by the Labour Court from time to time.

Provided that the minimum rates to be paid to male apprentices of 22 years of age and over employed on piece-work shall be the rates equivalent to the General Minimum Piece-Rates specified in Schedule I, Part II of the Order referred to.

(3) Basic Rates for Piece-Work:

Male apprentices who are employed on piece-work to which specific piece-rates are not applicable shall be entitled to receive for each process or operation performed by them a piece-rate equivalent, during the first three years, of the period of apprenticeship to one-half, during the fourth year of the period to seven-twelfths, and during the fifth year of the period to two-thirds, of such piece-rate as would yield, in the circumstances of the case, to an ordinary worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Order, not less than the General Minimum Time-Rate payable to such worker.

Provided that male apprentices of 22 years of age and over who are employed on piece-work to which specific piece-rates are not applicable shall be entitled to receive for each process or operation performed by them a piece-rate equivalent to such piece-rate as would yield, in the circumstances of the case, to an ordinary worker of the class specified in Schedule I, Part I, Section I, of the above-mentioned Order not less than the General Minimum Time-Rate payable to such worker.

In determining such piece-rate, calculations shall be based on the earnings of an ordinary worker, i.e., a worker of ordinary skill and experience employed in similar circumstances on such operation or process, and not on the earnings of apprentices, infirm workers, or other workers of greater of less than ordinary skill and experience.

(4) Male Apprentices' Minimum Wages:

During (a) the first four months of employment by way of apprenticeship and (b) the first three months of employment by way of apprenticeship in a Branch of the Trade other than that in which the period of apprenticeship was commenced, male apprentices shall receive Four-fifths of the General Minimum Time-Rate for male workers under 15 years of age during the said period (a) above and Five-fifths of the said rate during the period (b) above.

SECTION II.— FEMALE APPRENTICES.

(1) Minimum Time-Rates:

The minimum rates to be paid to female apprentices employed on time-work shall be equivalent to the General Minimum Time-Rates specified in Schedule I, Part III, (11) of Employment Regulation Order (Brush and Broom Joint Labour Committee) 1962, as may be amended or varied by Order made by the Labour Court from time to time.

(2) Minimum Piece-Rates and Basic Rates for Piece-Work:

The minimum rates to be paid to female apprentices employed on piece-work shall be rates equivalent, during the first year of the period of apprenticeship to one-half, during the second year of the period to seven-twelfths, and during the third year of the period to three-fourths, of the General Minimum Piece-Rates specified in Schedule I, Part VI of the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1960, as amended by the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1962, as the same may be amended or varied by Order made by the Labour Court from time to time, or where no specific piece-rates are applicable to the piece-work on which the apprentice is engaged, of piece rates which would yield, in the circumstances of the case, to an ordinary worker, not less than the rates set out in Schedule I Part IV of the above-mentioned Order.

In determining such piece-rate, calculations shall be based on the earnings of an ordinary worker, i.e., a worker of ordinary skill and experience, employed in similar circumstances on such operation or process, and not on the earnings of apprentices, infirm workers, or other workers of greater or less than ordinary skill and experience.

(3) Guaranteed Time-Rates:

The guaranteed time-rate of hourly wages of female apprentices employed on Piece-work shall be as follows :—

Provided that on reaching the age of 18 an apprentice shall be entitled to the wages of a female worker of 18 years and over if she has then entered upon her 6th half-year, but in any event she shall be entitled to such wages if she has passed her 18th birthday as soon as she completes her 5th half-year or irrespective of length of apprenticeship served, on attaining 18½ years of age.

SECTION III.— TWIG-MAKING BRANCH OF THE TRADE.

MALE APPRENTICES.

(1) The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on time-work shall be as follows :—

During any part of the appropriate period of apprenticeship other than the final year rates equivalent to one-half, of the General Minimum Time-Rate specified in Schedule II, Part I Section I of the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1962, as may be amended or varied by Order made by the Labour Court from time to time, and during the final year of the appropriate period of apprenticeship rates equivalent to two-thirds of the General Minimum Time-Rate so specified.

Provided that the minimum rates of wages to be paid to apprentices of 22 years of age and over employed on time-work shall be rates equivalent to the General Minimum Time-Rates specified in Schedule II, Part I, Section I of the Order referred to.

(2) Minimum Piece-Rates:

The minimum rates of wages (other than wages for overtime) to be paid to apprentices employed on piece-work shall be as follows :—

During any part of the appropriate period of apprenticeship other than the final year rates equivalent to one-half of the General Minimum Piece-Rates specified in Schedule II, Part II of the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1960, as amended by the Employment Regulation Order (Brush and Broom Joint Labour Committee) 1962, as the same may be amended or varied by Order made by the Labour Court from time to time and during the final year of the appropriate period of apprenticeship rates equivalent to two-thirds of the General Minimum Piece-Rates so specified.

Provided that the minimum rates of wages to be paid to apprentices of 22 years of age and over employed on piece-work shall be rates equivalent to the General Minimum Piece-Rates specified in Schedule II Part II of the Order referred to.

PART IV.

PROVISIONS REGARDING THE NUMBER OF APPRENTICES

SECTION I.— BRANCHES OF THE TRADE OTHER THAN THE TWIG-MAKING BRANCH.

The number of apprentices to be employed by an employer engaged in any Branch of the Trade other than the Twig-Making Branch in respect of each such Branch shall be as follows :—

(1) One male apprentice to six other Male Workers employed in one or more of the Branches of work specified in Part I, Section I (i) of this Schedule, and who have been so employed for not less than five years.

(2) One female apprentice to two other Female Workers employed in one or more of the Branches of work specified in Part I Section I (ii) of this Schedule.

Provided that the number of male or female workers (other than Apprentices) to be taken into calculation for the purposes of these provisions shall be the average weekly number of such workers as above defined, employed by such employer during a period of 52 weeks ending on the date on which the Apprentice concerned is taken into his employment.

SECTION II.— TWIG-MAKING BRANCH OF THE TRADE.

The number of apprentices to be employed by any employer engaged in the Twig-Making Branch of the Trade shall be as follows :—

One Apprentice to four other Male Workers employed by such employer on either or both of the operations of "Winding" or "Stitching," and who have been so employed for not less than five years.

Provided that the number of male workers (other than Apprentices) to be taken into calculation for the purposes of these provisions shall be the average weekly number of such persons, as above defined, employed by such employer during a period of 52 weeks ending on the date on which the Apprentice concerned is taken into his employment.

GIVEN under the Official Seal of the Labour Court this 27th day of February, 1964.

(Signed) D. MAC DIARMADA

A person authorised under Section 18 of the Act to authenticate the Seal of the Court.

EXPLANATORY NOTE

This Instrument fixes minimum rates of remuneration and regulates conditions of employment as from the 2nd March, 1964 for apprentices employed in the Brush and Broom Trade. It is made by the Labour Court on the recommendation of the Brush and Broom Joint Labour Committee.