S.I. No. 127/1956 - Apprenticeship Committee For The House Painting and Decorating Trade (Confirmation of Rules) Order, 1956.


S.I. No. 127 of 1956.

APPRENTICESHIP COMMITTEE FOR THE HOUSE PAINTING AND DECORATING TRADE (CONFIRMATION OF RULES) ORDER, 1956.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (1) of section 9 of the Apprenticeship Act, 1931 (No. 56 of 1931), hereby order as follows :

1. This Order may be cited as the Apprenticeship Committee for the House Painting and Decorating Trade (Confirmation of Rules) Order, 1956.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The Rules set out in the Schedule to this Order are hereby confirmed and shall come into operation on the 15th day of May, 1956.

SCHEDULE.

The following Rules are made by the Apprenticeship Committee for the House Painting and Decorating Trade in lieu of the Rules contained in the Apprenticeship Committee for the House Painting and Decorating Trade (Confirmation of Rules) Order, 1945, ( S. R. & O. No. 42 of 1945 ), the Apprenticeship Committee for the House Painting and Decorating Trade (Confirmation of Rules) Order, 1939, ( S. R. & O. No. 152 of 1939 ) and the Apprenticeship Committee for the House Painting and Decorating Trade (Confirmation of Rules) Order, 1938, ( S. R. & O. No. 219 of 1938 ), which are hereby pursuant to Section 8 (3) of the Apprenticeship Act, 1931 , rescinded, but without prejudice to the validity of anything done or suffered before the following Rules take effect.

PART I.

APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in the Trade of the classes of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade.

Classes of Persons.—Persons whose first employment in the Trade commences on or after the date these Rules come into force, who have not completed the period of apprenticeship in the Trade as specified in the Rules Regulating the Period of Apprenticeship.

Manner of Employment.—Employment in any three or more of the operations numbered 1 to 7 in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935.

PART II.

RULES REGULATING THE PERIOD OF APPRENTICESHIP

The Committee prescribe that the period of apprenticeship in the Trade shall be six years. Provided that :—

(i) An employer may employ an apprentice on first employment in the Trade for a probationary period not exceeding six months, save in the case of an apprentice who comes within the provisions of proviso (v) ;

(ii) the Rules regulating 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 ;

(iii) the other Rules made from time to time by the Committee shall apply during and in relation to the probationary period ;

(iv) where an apprentice is, through illness, continuously absent from employment for a period in excess of three months, the appropriate year of his employment by way of apprenticeship shall be extended by a period equal to such excess period ;

(v) satisfactory attendance at a recognised wholetime course of trade instruction, commenced before the age of 16 years, shall up to a limit of 2 years count as part of the Apprenticeship period. A recognised wholetime course of trade instruction is defined for this purpose as any course of trade instruction which the Committee may specifically recognise as satisfying this requirement, and which contains not less than 1,000 hours' instruction per school year, including a minimum of 500 hours' instruction in Trade Theory and Practice. A certificate of satisfactory attendance, signed by the headmaster of the school at which the instruction was given may be accepted as proof of satisfactory attendance for the purpose of this Rule.

PART III.

RULES REGULATING THE MINIMUM RATES OF WAGES.

In this Rule

Area A—means the Administrative County of Dublin and the County Borough of Dublin and the Urban District of Bray.

Area B—means the Counties of Carlow, Kildare, Limerick, Louth, Meath, Westmeath and Wicklow (outside the Urban District of Bray) and the Borough of Galway and the County Boroughs of Limerick and Waterford.

Area C—means the Counties of Clare, Cork (outside the County Borough of Cork and the Urban District of Cobh), Galway (outside the Borough of Galway), Leix-Offaly, Tipperary, Waterford (outside the County Borough of Waterford) and Wexford.

Area D—means the County Borough of Cork and the Urban District of Cobh.

Area E—means the district of the Committee not included in the before-mentioned areas.

The Committee prescribe hereunder the minimum rates of wages (other than wages for overtime) to be paid to apprentices in the Trade by an employer who carries on the Trade and operates his business from a place in :—

Area A

Area B

Area C

Area D

Area E

During first year of apprenticeship

9½d.

8½d.

8d.

8d.

7½d.

per hr.

per hr.

per hr.

per hr.

per hr.

During second year of apprenticeship

11d.

10d.

9½d.

9½d.

9½d.

per hr.

per hr.

per hr.

per hr.

per hr.

During third year of apprenticeship

1s.

3½d.

1s.

2d.

1s.

1d.

1s.

1d.

1s.

0d.

per hr.

per hr.

per hr.

per hr.

per hr.

During fourth year of apprenticeship

1s.

10d.

1s.

8d.

1s.

6d.

1s.

10d.

1s.

4d.

per hr.

per hr.

per hr.

per hr.

per hr.

During fifth year of apprenticeship

2s.

5d.

2s.

3d.

2s.

0d.

2s.

5d.

1s.

10d.

per hr.

per hr.

per hr.

per hr.

per hr.

During sixth year of apprenticeship

3s.

0d.

2s.

10d.

2s.

8d.

3s.

0d.

2s.

5d.

per hr.

per hr.

per hr.

per hr.

per hr.

For all time worked on Sundays or Public Holidays within the meaning of the Holidays (Employees) Act, 1939 , the minimum rates shall be double the rates shown above.

For the purpose of determining the minimum rates applicable to apprentices who have attended a recognised whole-time course of trade instruction as defined in proviso V to the Rules Regulating the period of apprenticeship made by the Committee on 15th day of May, 1956, full time attendance at such course shall be regarded as part of the apprenticeship period.

The above minimum rates are without prejudice to the payment of higher rates by agreement or otherwise.

PART IV.

RULES REGULATING THE MAXIMUM HOURS OF WORK.

The Committee prescribe 44 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week and 8 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any day by apprentices of 18 years of age or over in the trade in the County Borough of Dublin, the Administrative County of Dublin and the Urban District of Bray. Elsewhere in the District of the Committee the Committee prescribe 47 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week and 8½ hours as being the maximum number of hours (exclusive of overtime) which may be worked in any day by apprentices of 18 years of age or over.

The Committee prescribe 40 hours as the maximum number of hours (exclusive of overtime) which may be worked in any week and 8 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any day by apprentices whose age is less than 18 years.

PART V.

RULES REGULATING THE MINIMUM RATES OF OVERTIME WAGES

(a) The Minimum Rates of wages for Overtime to be paid to an apprentice of 18 years of age or over in respect of hours worked in excess of the maximum number of hours of work (exclusive of overtime) as specified in the Rules regulating the maximum hours of work for the time being made by the Committee, by an apprentice of 18 years of age or over shall be as follows :—

(i) One-and-a-quarter times the Minimum Rates of wages (other than wages for overtime) prescribed by the Rules regulating the minimum rates of wages for the time being made by the Committee, for thefirst three hours of overtime in any week, i.e. TIME-AND-A-QUARTER ; and

(ii) One-and-a-half times the Minimum Rates of Wages (other than wages for overtime) prescribed by the Rules regulating the minimum rates of wages for the time being made by the Committee, for the next three hours of such overtime, i.e. TIME-AND-A-HALF ; and

(iii) Twice the Minimum Rates of Wages (other than wages for overtime) prescribed by the Rules regulating the minimum rates of wages for the time being made by the Committee, for any overtime worked in excess of six hours in any week, i.e. DOUBLE TIME.

(b) The Minimum Rates of wages for Overtime to be paid to an apprentice whose age is less than 18 in respect of hours worked in excess of the maximum number of hours of work (exclusive of overtime) as specified in the Rules regulating the maximum hours of work for the time being made by the Committee, by an apprentice whose age is less than 18 shall be as follows :—

(i) One and a quarter times the Minimum Rates of wages (other than wages for overtime) prescribed by the Rules regulating the minimum rates of wages for the time being made by the Committee, for the first two hours of overtime in any week, i.e. TIME-AND-A-QUARTER ;

(ii) One-and-a-half times the Minimum Rates of Wages (other than Wages for overtime) prescribed by the Rules regulating the Minimum rates of wages for the time being made by the Committee, for any time worked thereafter in any one week, i.e. TIME-AND-A-HALF.

PART VI.

RULES REGULATING THE NUMBER OF APPRENTICES.

The Committe fix, in relation to each employer carrying on the Trade and operating his business from a place within the area set out in Column 1 of the Schedule hereunder who had continuously in his employment during the qualifying period on the average the number of journeymen set out in Column 2 of the said Schedule, as the standard number of apprentices whom the Committee considers should be employed by each such employer the number set out in Column 3 of the said Schedule. The qualifying period in relation to a particular employer means the period of three years ended on the previous 31st December or such other period (not being longer than three years) as may be certified by the Committee for the purpose.

Column 1

Column 2

Column 3

A.—The Administrative County of Dublin, the County Boroughs of Dublin, Cork, Limerick and Waterford, the Boroughs of Wexford, Sligo, Galway, and the Urban Districts of Bray, and Naas, the town of Droichead Nua, District Electoral Divisionsthe of Greystones and Kildare and the townlands of Maynooth and Kilcock.

One, two, three, four, five,six or seven.

One

Eight, nine, ten or eleven.

Two.

Twelve, thirteen, fourteen or fifteen.

Three.

Sixteen, seventeen, eighteen or nineteen.

Four.

Twenty to twenty-three.

Five.

Twenty-four to twenty-seven.

Six.

Twenty-eight to thirty-one.

Seven.

Thirty-two to thirty-five.

Eight.

Thirty-six to thirty-nine.

Nine.

Forty or over.

Ten.

Column 1

Column 2

Column 3

B.—The County of Cork (excluding the County Borough of Cork) the County of Waterford (excluding the County Borough of Waterford), the County of Wexford (excluding the Borough of Wexford) the County of Tipperary, the County of Kildare (excluding the town of Droichead Nua, the District Electoral Division of Kildare, the Urban District of Naas and the townlands of Maynooth and Kilcock), the Boroughs of Kilkenny and Drogheda and the Urban Districts of Carlow, Dun dalk, Ennis and Tralee.

One, two, three, four or five.

One.

Six, seven or eight.

Two.

Nine, ten or eleven.

Three.

Twelve, thirteen or fourteen.

Four.

Fifteen, sixteen or seventeen.

Five.

Eighteen, Nineteen or twenty.

Six.

Twenty-one, twenty-two, or twenty-three.

Seven.

Twenty-four, twenty-five or twenty-six.

Eight.

Twenty-seven, twenty-eight or twenty-nine.

Nine.

Thirty or over.

Ten.

C—The County of Carlow (excluding the Urban Districtof Carlow) the County of Kilkenny (excluding the Boroughs of Kilkenny) the County of Louth (excluding the Borough of Drogheda and the Urban District of Dundalk), the County of Wick low (excluding the Urban District of Bray and the District. Electoral Division of Greystones, the Counties of Laois, Longford, Meath, Offaly, Westmeath, Mayo, Roscommon, Leitrim, Cavan, Donegal and Monaghan, the County of Clare (excluding the Urban District of Ennis) the County of Kerry (excluding the Urban District of Tralee). the County of Limerick (excluding the County Borough of Limerick) the County of Galway (excluding the Borough of Galway) and the County of Sligo (excluding the Borough of Sligo).

One, two or three.

One

Four or five.

Two.

Six or seven.

Three.

Eight or nine.

Four.

Ten or eleven.

Five.

Twelve or thirteen.

Six.

Fourteen or Fifteen.

Seven

Sixteen or seventeen.

Eight.

Eighteen or nineteen.

Nine.

Twenty or over.

Ten.

Provided that :—

(i) Where en employer carries on his business in Area A or B or C, set out in the foregoing Schedule and is habitually engaged in the performance of the work of a journeyman in the Trade, he shall be accounted a Journeyman for the purpose of computing the number of journeymen in his employment subject to the Committee being satisfied that he is a bona fide Master Painter who has continuously carried on his business as such for a period of not less than 6 years and having sent a notice to him to that effect.

(ii) The Committee may at any time revoke such notice without prejudice to the completion of any existing apprenticeship.

(iii) In Area C, the standard number of apprentices in relation to a particular employer shall, in any case in which the Committee, having regard to the special circumstances of the case, send notice to that effect to the employer, be the number specified in the notice.

(iv) In the case of an employer in any area who employs house painters or decorators solely in connection with the maintenance of his own premises or property the number of journeymen which will entitle such an employer to have one apprentice shall be one to fifteen and thereafter he shall be entitled to an additional one apprentice to each completed additional group of fifteen other journeymen.

Journeymen :

For the purpose of this Rule a journeyman shall be a qualified person who is employed as a worker in the Trade and is in receipt of the full rate of wages for the time being in force in the district in which he is employed and who has had not less than six years' employment in the Trade.

For the purposes of this Rule, 280 days' employment in any year ended 31st December of a journeyman or journeymen on the operations specified in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, shall be equivalent to the continuous employment of one journeyman for that year.

PART VII.

RULES REGULATING THE EDUCATIONAL QUALIFICATIONS OF APPRENTICES.

The Committee prescribe that a person at entry on apprenticeship must have :

(a) The Primary School Certificate ; or

(b) Completed not less than one year's attendance at a whole-time Junior Day Technical School Course conducted by a Vocational Education Committee ; or

(c) Where the Committee have declared that such a recognised whole-time course of trade instruction as is defined in the Rules regulating the Period of Apprenticeship, proviso (v) shall carry exemption, attendance at such course ; or

(d) A certificate issued to him by the Committee certifying that he possesses educational qualifications accepted by the Minister for Education as being reasonably equivalent to those specified in the foregoing paragraphs.

(e) And in any case shall have a certificate that he has passed a test in the recognition and matching of colours, such certificate to be signed by a Teacher of Painting in a Vocational School, or by a Master Painter, other than the proposed employer, or by a Journeyman Housepainter not in the employment of the proposed employer, neither such Master Painter nor such Journeyman Housepainter being related to the Person in respect of whom he gives such certificate by blood or marriage.

PART VIII.

RULES REGULATING THE TRAINING OF APPRENTICES.

The Committee require that every apprentice shall be provided by his employer with reasonable facilities for learning all the operations and processes included in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935. Every apprentice when engaged on any of such operations or processes shall work under the guidance of a journeyman (as defined in Part V of the Rules regulating the number of apprentices made by this Committee on 15th day of May, 1956) or an employer who has served his apprenticeship to the Trade (as defined in the said Order) and who works at the Trade in the manner of a journeyman and it shall be the duty of the employer to ensure that such apprentice shall be trained and instructed by himself if so qualified, or by such journeyman to the utmost of his own or the journeyman's knowledge and skill during the whole term of his apprenticeship.

On the expiration of the Apprenticeship the apprentice may apply to the Committee for a Certificate of his having satisfactorily completed his apprenticeship to the Trade, whereupon the Committee shall, after making enquiries from the employer or employers, with whom he has served his apprenticeship, consider the application and, if satisfied that the apprenticeship has been satisfactorily completed by the applicant, issue to him a certificate in the following form, signed by the Chairman and the Secretary.

APPRENTICESHIP ACT, 1931 .

HOUSEPAINTING AND DECORATING TRADE.

By direction of the Committee established under the above-mentioned Act it is hereby certified that............................................................ .................. of .................has fully and satisfactorily served his apprenticeship to the above-mentioned Trade with ................................................of.......................................... and is entitled to recognition as a Journeyman House Painter and Decorator.

Given under our hands at Dublin in the Republic of Ireland this.................of..............................

..........................Chairman.

.........................Secretary.

PART IX.

RULES REGULATING APPRENTICESHIP PREMIUMS.

The Committee prohibit the taking by any employer of any fee, premium or other consideration in respect of the employment of any person by way of apprenticeship in the Trade.

PART X.

RULES REGULATING THE AGE OF ENTRY ON APPRENTICESHIP.

The Committee prescribe that employment by way of apprenticeship in the trade in the Apprenticeship District may commence on attainment of the age of 14 years and before attainment of the age of 17 years, provided that where the Committee is satisfied in any particular case that special facts or circumstances warrant such action they may grant exemption from this rule in respect of the upper age limit, in that particular case.

PART XI.

DEFINITION OF TRADE.

The House Painting and Decorating Trade is defined in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, as being :—

THE HOUSE PAINTING AND DECORATING TRADE, that is to say :—

Any of the following operations or processes when performed on the interior or exterior surface of any building, ship or other craft or structure or erection of any kind :—

1. Painting and Distempering.

(a) The application of paint, distemper or other medium of any kind to any surface by manual or mechanical process, and the preparatory mixing of such paint, distemper or other medium for the purpose of producing various finishes.

(b) The preparation of the grounds and all operations (including the removal of paint, knotting, priming, stopping, filling up, surfacing and washing) preparatory to the application of such paint, distemper or other medium.

(c) Dusting, cleaning or washing for purposes of restoration or renovation when done on any surface either apart from or in conjunction or in association with operations involving the application of paint, distemper or other medium.

(d) Hacking-out, puttying and glazing when such operations are performed in conjunction or in association with operations involving the application of paint, distemper or other medium.

2. Papering and Whitening.

(a) The hanging and application of wallpaper and other hangings including textile fabrics, imitation leather papers, Japanese grass cloth and relief materials.

(b) The papering or whitening of ceilings.

3. Imitation Painting.

The operations of graining (including processes by roller and transfer), marbling, gilding, graniting, and also the representation of inlays, marqueterie, mosaic, ivory, bronze, and other imitational paintings.

4. Decorative Painting.

Striping, lining and outlining, stippling, stencilling (including the designing and cutting of stencils) oil gilding, matt and burnish gilding, glazing, scumbling, gesso, representation of tapestry, painting or distempering in monochrome or in polychrome or in raised or sanded decorative style.

5. Lettering.

Letter-writing and embossing, gilding and colouring on glass, heraldic painting and the treatment and fixing by adhesive composition of letters made of wood or other substance.

6. Staining.

The preparation, mixing and application of stains, ornamental and decorative staining, chemical staining, oil and wax polishing.

7. Varnishing.

The application of spirit oil, gum, cellulose or varnish by manual or mechanical means, including the processes of felting down and hand polishing, flatting and encaustic varnishing.

INCLUDING

The necessary preparatory processes in connection with the work detailed in the foregoing paragraphs numbered 2 to 7 inclusive.

BUT EXCLUDING

(a) The veneering of wood, staining, enamelling, painting, japanning, lacquering, spraying and any other like operation if such operation be ancillary to and carried on in the same premises as any of the processes mentioned in the First Schedule to the Apprenticeship Act (Furniture Trade) Special Order, 1934.

(b) All or any of the above-mentioned operations or processes when applied to the work of vehicle painting.

GIVEN under my Official Seal this 15th day of May, 1956.

(Signed.) WILLIAM NORTON,

Minister for Industry and Commerce

EXPLANATORY NOTE.

The general purpose of this Order is to confirm new rules drawn up by the Apprenticeship Committee for the House Painting and Decorating Trade covering the following matters :—

Period of Apprenticeship,

Minimum Rates of Wages and Overtime,

Maximum Hours of Work,

Numerical Relation of Apprentices to Journeymen,

Education Qualifications of Apprentices,

Training of Apprentices,

Payment of Premiums,

Age of Entry on Apprenticeship,

Definition of the Trade.