S.I. No. 406/1979 - Employment Regulation Order (Provender Milling Joint Labour Committee), 1979.

S.I. No. 406 of 1979.

EMPLOYMENT REGULATION ORDER (PROVENDER MILLING JOINT LABOUR COMMITTEE), 1979.

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 Employment Regulation Order (Provender Milling Joint Labour Committee), 1978 dated 23rd August, 1978 ( S.I. No. 235 of 1978 ) (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 Provender Milling Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Orders;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the 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 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 (Provender Milling Joint Labour Committee), 1979.

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 24th December, 1979, and as from that date the said order shall be revoked.

SCHEDULE

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

WORKERS TO WHOM THIS SCHEDULE APPLIES

SECTION 1

Workers, other than carters and lorry drivers, employed in the manufacture for sale or on commission (including packing where such packing is carried on in conjunction with such manufacture) of animal feeding stuffs by any process whatsoever including the grinding, cutting or flaking of cereals and the mixing of one substance with another substance but excluding production merely by natural agencies or in the course of ordinary farm husbandry.

" Animal feeding stuff " means any article manufactured for use as food for horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry but does not include grass meal.

SECTION 2—Zones

In this Schedule—

ZONE A means the County Boroughs of Dublin, Cork, Limerick and Waterford.

ZONE B means all other areas.

SECTION 3—Statutory Minimum Remuneration

Hourly Rate —The hourly rate shall be ascertained by dividing the appropriate weekly wage by 40.

SECOND PHASE

The second phase shall be operated from 1st January, 1980. Under this second phase, the basic pay of employees shall be increased by 2 per cent together with an increase of 1 per cent for each 1 per cent rise over 7 per cent in the Consumer Price Index in the period mid-November, 1978 to mid-November, 1979 subject to a limit of 5 per cent.

In respect of any increase above 12 per cent in the Consumer Price Index in the period mid-November, 1978 to mid-November, 1979, an amount of 60p for each one percentage point shall be paid, subject to a limit of £2.40 per week.

The minimum increase under this phase should be £3 per week.

SECTION 4—Normal Working Hours

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

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

SECTION 5—Overtime Rates

The minimum rates for overtime, which shall be calculated on a daily basis, to apply in respect of hours worked by male and female workers 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-a-half times the general minimum time-rate otherwise applicable, i.e. time-and-a-half, except in so far as provided for under the provisions of paragraph (b), (c) or ( d) of this Section.

( b ) For all time worked on Sundays the overtime rate shall be twice the general minimum time-rate otherwise applicable, i.e double time.

( c ) For all time worked on statutory public holidays (or customary public holidays substituted therefore) the overtime rate shall be twice the general minimum time-rate otherwise applicable, i.e double time, exclusive of the statutory entitlement under the Holidays (Employees) Act, 1973 .

( d ) Payment for working on the normal day off shall be at the rate of time and one half for the first hours from normal starting time and double time thereafter.

( eI The calculation of overtime pay for shift workers shall be on an individual employees consolidated rate of pay:— i.e his personal basic rate inclusive of the shift premium.

SECTION 6—Calculation of Shift Pay

The Shift Premium shall be calculated on an individual employee's personal basic rate of pay as distinct from the basic rate for the industry.

SECTION 7—Holidays

Annual holidays shall be in accordance with the Holidays (Employees) Act, 1973 . Workers are entitled to an extra 3 days annual leave, two of those days to be taken before 31st December, 1979 and the third day to be taken before 1st April, 1980. The annual leave entitlement shall be 18 days thereafter for each annual leave year.

SECTION 8—Service Pay

Male and Female workers who have been in continuous employment with the one employer to be granted service pay as follows:—

SECTION 9—Sickness Benefit Scheme

With effect from date of publication of the Employment Regulation Order, the following Sickness Benefit Scheme shall be operable:—

(1) Each employer will set up a scheme for his employees conforming to the terms set out below.

(2) All employees who have completed six months' service shall be included in the scheme.

(3) The following benefit shall be payable for up to a maximum of 18 weeks in any calendar year in the case of illness medically certified and notified to the company within the first three days of absence—up to £6 per week subject to the sum of all benefits, i.e. both State and Company benefits, not exceeding the individual employee's personal basic rate of weekly pay.

(4) The employee's contribution shall be a maximum of 10p per week. The employer's contribution shall be twice that amount or such appropriate amount in the first twelve months of operation as shall guarantee the benefit set out above.

(5) The operation of the scheme may be reviewed on an annual basis and such review shall have regard to the financial aspects of the scheme.

SECTION10—Pension and Mortality Scheme

(1) Full pension will be 50% of final pensionable salary. Full pension to be earned at age 65 providing the employee has completed 30 years continuous service. Provision for early retirement will be made in accordance with actuarial procedures.

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

(3) All full-time permanent employees who are aged less than 55 years and have passed their 24th birthday and who have completed 3 years continuous service, are eligible for membership of the scheme.

(4) Pensions will be guaranteed for 5 years from date of actual retirement.

(5) Continuous service with an employer since the date of last entering the employment shall be recognised for pension purposes, subject to the provisions of paragraph (3) above.

(6) Employees who are 55 years of age or more and who retire through ill-health or redundancy will receive a pension which will be calculated as follows:

date of early retirement.

N = total prospective service to normal retirement date (maximum 30 years).

P = prospective pension the employee have received at normal retirement date if the employee worked to that date.

(7) In the circumstances where employment continues beyond normal pension date, i.e. 65 years the deferred pension payable on eventual retirement will be actually increased.

(8) Employees who are aged 55 years or over at January 1st, 1975 need not be included in an insured pension scheme. However, they will receive, on retirement at normal pension date, retirement benefits not less than those which would derive from such a scheme. Such benefits will be guaranteed for five years or life, whichever is the longer, subject to the company remaining in existence.

(9) Pensionable salary shall be the basic rate of employee less amount equivalent to twice the basic Social Welfare pension at the single person's rate. Final pensionable salary shall be the base rate obtaining at the 1st January, of the year of retirement.

GIVEN under the Official Seal of the Labour Court this 19th day

of December, 1979.

(Signed) JAMES G. McCAULEY.

A person authorised under Section 18 of the Industrial

Relations Act, 1946, to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument regulates statutory conditions of employment as from 24th December, 1979 for workers employed in the Provender Milling Industry. It is made by the Labour Court on the recommendation of the Provender Milling Joint Labour Committee.