S.I. No. 271/1949 - Employment Regulation Order (Creameries Joint Labour Committee), 1949.

S.I. No. 271 of 1949.

EMPLOYMENT REGULATION ORDER (CREAMERIES JOINT LABOUR COMMITTEE), 1949.

WHEREAS, Pursuant to the provisions of Section 42 of the Industrial Relations Act, 1946 , (hereinafter called " the Act " ) the Creameries Joint Labour Committee (hereinafter called " the Committee " ) has submitted to the Labour Court (hereinafter called " 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), 1949 ;

(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 4th day of November, 1949, and as from that date the Employment Regulation Order (Creameries Joint Labour Committee), 1948, shall be revoked.

SCHEDULE.

PART I.

STATUTORY MINIMUM REMUNERATION FOR A NORMAL WORKING WEEK AS DEFINED IN PART 11 OF THIS ORDER.

SECTION I.—WORKERS EMPLOYED IN CENTRAL CREAMERIES.

Class of Worker	Rate per Week
	s.	d.
(a) MAINTENANCE MECHANIC OR FITTER	105	0
A Maintenance Mechanic or Fitter is a person wholly or mainly employed on the repair or upkeep of machinery (not including a mechanic's helper or a fitter's helper).
(b) BUTTERMAKER	85	0
A Buttermaker is a person wholly or mainly employed in the process of making butter, who is certified by the Department of Agriculture as a qualified Buttermaker, and who is in full charge of the Butter-making department.

SCHEDULE—continued.

Class of Worker	Rate per Week
	s.	d.
(c) CHEESEMAKER	85	0
A Cheesemaker is a person wholly or mainly employed in the process of making cheese, who is certified by the Department of Agriculture as a qualified Cheese-maker, and who is in full charge of the Cheese-making department.
(d) ASSISTANT BUTTERMAKER	80	0
An Assistant Buttermaker is a person wholly or mainly employed in the process of making butter, and who is certified by the Department of Agriculture as a qualified Buttermaker, but who is not in full charge of the Buttermaking department.
(c) ASSISTANT CHEESEMAKER	80	0
An Assistant Cheesemaker is a person wholly or mainly employed in the process of making cheese, and who is certified by the Department of Agriculture as a qualified Cheesemaker, but who is not in full charge of the Cheesemaking department.
(f) ENGINEMAN, FIREMAN, BOILERMAN, MECHANIC'S HELPER AND FITTER'S HELPER (wholly or mainly employed as such).	77	6
(g) LORRY DRIVER	77	6
A Lorry Driver is a person wholly or mainly employed in driving a lorry, or a vehicle licensed by the Minister for Agriculture under Section 3 of the Dairy Produce (Amendment) Act, 1934 , to carry on Cream separating business, including the loading and unloading of such lorry or vehicle.
(h) ALL OTHER FEMALE WORKERS NOT INCLUDED IN ANY OF THE CLASSES (a) TO (g) ABOVE.
1st year of employment	32	0
2nd ,, ,,	40	6
3rd ,, ,,	49	0
4th ,, ,, and over	60	0
(i) ALL OTHER MALE WORKERS NOT INCLUDED IN ANY OF THE CLASSES (a) TO (g) ABOVE.
18 and under 19 years of age	52	6
19,, , 20 ,, ,,	63	6
20 years of age and over	70	0

SECTION II.—ALL WORKERS EMPLOYED IN CREAM-SEPARATING STATIONS.

Class of Worker	Rate per Week
	s.	d.
18 and under 19 years of age	52	6
19,, ,,20 ,, ,,	58	6
20 years of age and over	65	0

SECTION III.—OVERTIME RATE.

The overtime rate per hour shall be the appropriate weekly rate divided by forty-eight (48) and increased by twenty-five per cent. (25%).

PART II.

CONDITIONS OF EMPLOYMENT.

SECTION I.—CLASSIFICATION OF WORKERS FOR THE PURPOSES OF THIS PART.

All workers referred to in Part I above shall for the purposes of this Part, be classified as either permanent, seasonal or casual workers.

A permanent worker is a person who is employed on a regular basis, not as a seasonal or a casual worker.

A seasonal worker is a person who is employed temporarily for a definite season and who is engaged as an addition to the normal permanent staff, if any, of the particular creamery or cream separating station in which he is employed.

A casual worker is a person who is employed purely on a temporary basis, with no definite period of employment and who is engaged as an addition to the normal permanent and seasonal staff of the particular creamery or cream-separating station in which he is employed.

SECTION II.—NORMAL WORKING WEEK.

1. 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 referred to in Part I above shall be as follows :—

(i) For casual or seasonal workers the normal working week shall be one of 48 hours ;

(ii) 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 :—

(a) the total number of hours so fixed for any week shall be such that the weekly average for any calendar year shall not exceed 48 ;

(b) the total number of hours so fixed in any week shall not exceed 58.

2. Employers shall post up and keep posted up a notice giving—

(a) The number of hours to be worked by permanent workers in the week then current, and

(b) The names of all permanent workers as defined in Section I of this Part.

A sufficient number of copies of the notice prescribed by this sub-section 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 to whom this Order applies.

SECTION III.—PAYMENT OF REMUNERATION.

1. Employers of workers referred to in Part I above shall pay to such workers a full day's pay in respect of each normal day or part thereof worked, subject to a maximum of six days' pay in any one week.

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

SECTION IV.—OVERTIME.

All hours worked by a worker referred to in Part I above in excess of the normal working week, as defined in Section II of this Part, shall be overtime and shall be paid for at overtime rates as set out in Section III of Part I of this Order.

PART III.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

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 provisions of the said Act, or

(c) on a vehicle licensed by the Minister for Agriculture under Section 3 of the Dairy Produce (Amendment) Act, 1034 (No. 34 of 1934), to carry on cream-separating business.

Whilst engaged in the making of butter, cheese or other dairy product 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.

GIVEN under the Official Seal of the Court this 21st day of October, 1949.

(Signed) T. J. CAHILL.

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