S.I. No. 132/1953 - Employment Regulation Order (Creameries Joint Labour Committee), 1953.

S.I. No. 132 of 1953.

EMPLOYMENT REGULATION ORDER (CREAMERIES JOINT LABOUR COMMITTEE), 1953.

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 (Creameries Joint Labour Committee), 1949, (hereinafter called " the principal Order "), the Employment Regulation (Holidays) Order (Creameries Joint Labour Committee), 1949, (hereinafter called " the holidays Order "), the Employment Regulation Order (Creameries Joint Labour Committee), 1950, (hereinafter called " the overtime Order ") and the Employment Regulation Order (Creameries Joint Labour Committee), 1952, (hereinafter called " the remuneration 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 to be paid generally to 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), 1953.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The proposals set out in the Schedule hereto shall have effect as from tile 25th day of April, 1953, and as from that date the holidays Order and the overtime Order shall be revoked and the principal Order as amended by the overtime Order and the remuneration Order shall be amended by the substitution of the Schedule hereto for Part II and Part III of the Schedule to the principal Order.

SCHEDULE.

Section 1.—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, 1934 (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.

Section 2.—Classification of Workers for the purposes of this Schedule.

All workers shall, for the purposes of this Schedule, be divided into three classes and shall be called permanent, seasonal and casual workers.

A Permanent worker is a worker whose contract of employment does not provide for its termination at the end of a defined season and who is not engaged on a casual or temporary job.

A Seasonal worker is a worker whose contract of employment provides for its termination at the end of a defined season.

A Casual worker is a worker who is employed otherwise than as a permanent or seasonal worker as above defined.

Section 3.—Normal Working Week.

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 shall be as follows :—

(a) For casual or seasonal workers the normal working week shall not exceed 48 hours;

(b) 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 :—

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

(ii) the total number of hours so fixed for any individual worker in any week shall not exceed 58.

For the purposes of this sub-section, annual holidays shall be regarded as time worked and shall be reckoned as 144 hours on the basis of 48 hours for the seven consecutive whole holidays and eight hours per day for each of the twelve additional holidays.

Section 4.—List of Permanent Workers.

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 2 above.

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 affected thereby.

Section 5.—Computation and Payment of Remuneration.

(a) Employers of permanent or seasonal workers, as defined in Section 2 above, shall pay to such workers a full week's wages in respect of any week in which they worked the hours required of them by their employer notwithstanding that such hours may be less than 48 in the case of seasonal workers or the normal working week prescribed in Section 3 (b) above, in the case of permanent workers.

(b) Employers of casual workers as defined in Section 2 above, shall pay to such workers a full day's pay in respect of each normal day or part thereof worked.

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

(d) If a worker, permanent, seasonal or casual, absents himself from work without leave, for any day or portion of a day, the employer shall have the right to deduct from the worker's remuneration for that day or portion a sum equivalent to the pay for the number of hours so missed.

Section 6.—Sunday Work, Overtime and Overtime Rates.

(a) All time worked in excess of four hours on any Sunday by any worker, shall be overtime and shall be paid for at the rate of time-and-a-half.

(b) All time worked in excess of 48 hours in any week by a seasonal or a casual worker, less any hours paid for as overtime in accordance with (a) of this Section, shall be overtime and shall be paid for at the rate of time-and-a-quarter.

(c) All hours worked by a permanent worker in excess of his normal working week as defined in Section 3 (b) above, less any hours paid for as overtime in accordance with (a) of this Section, shall be overtime and shall be paid for at the rate of time-and-a-quarter.

(d) For the purposes of this Section, the expressions " time-and-a-half " and " time-and-a-quarter " shall mean the appropriate weekly rate divided by forty-eight and increased by fifty per cent., and twenty-five per cent., respectively.

Section 7.—Annual Holidays.

A worker who qualifies for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall, in addition to the seven consecutive whole holidays prescribed therein, be granted twelve whole holidays with pay in each employment year (hereinafter called " additional holidays "). Additional holidays may include Public Holidays, Church Holidays and other Customary Holidays, and subject to the provisions of the Holidays (Employees) Act, 1939 , may be granted on such days, other than Sundays, as may be decided by the employer.

Payment in respect of additional holidays shall be calculated in the same manner as payment in respect of annual leave under Section 10 of the Holidays (Employees) Act, 1939 .

GIVEN under the Official Seal of the Labour Court this 22nd day of April, 1953.

NIAL MacLIAM.

 A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.