S.I. No. 113/1948 - Employment Regulation Order (Aerated Waters Joint Labour Committee), 1948.

S.I. No. 113 of 1948.

EMPLOYMENT REGULATION ORDER (AERATED WATERS JOINT LABOUR COMMITTEE), 1948.

WHEREAS the Minister for Industry and Commerce, under the provisions of the Trade Boards Acts, 1909 and 1918, made an order dated the 31st day of May, 1946, confirming the variation of minimum rates of wages for male and female workers in the Aerated Waters Trade (hereinafter called " the said order ") ;

AND WHEREAS the said order is deemed to be an Employment Regulation Order by virtue of the provisions of Section 54 of the Industrial Relations Act, 1946 (hereinafter called " the Act") ;

AND WHEREAS the said Order was amended by the Aerated Waters Joint Labour Committee Employment Regulation Order, 1947 ;

AND WHEREAS the Aerated Waters Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Labour Court (hereinafter called " the Court ") proposals for revoking the said Order as amended ;

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 statutory conditions of employment, of workers in relation to whom the Committee operates, in substitution for the rates and conditions set out in the said order as amended ;

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 (Aerated Waters Joint Labour Committee), 1948.

(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 the 9th day of April, 1948, and as from that date the said order as amended shall be revoked.

SCHEDULE.

PART I.—GENERAL MINIMUM TIME RATES.

SECTION II.

Note.—In the case of workers employed on piece-work each piece-rate paid must be such as will yield, in the circumstances of the case, to an ordinary worker not less than the appropriate General Minimum Time-Rate.

PART II.—NORMAL WORKING HOURS AND OVERTIME RATES.

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

PROVIDED THAT—

(i) All hours worked by a worker on Sundays and on Customary Public or Statutory Holidays shall be regarded as Overtime to which the Overtime Rates shall apply.

(ii) In any week in which one or more Customary Public or Statutory Holidays occur, the normal number of hours shall be less in respect of each such holiday as follows :—

For workers of 18 years and over : 8½ hours if the holiday occurs on any day other than the short day ; 4½ hours if it occurs on the short day.

For workers whose age is less than 18 years : 8 hours if it occurs on any day other than the short day ; 4 hours if it occurs on the short day.

SECTION II.—The Minimum Rates for Overtime to apply in respect of hours worked by Male or Female Workers, whether employed on Time-work or on Piece-work, in excess of the declared normal number of hours of work shall be as follows :—

(a) For all time worked in excess of the declared 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 Double Time is payable under the provisions of paragraph (b) of this Section.

(b) For all time worked on Sundays and on Customary Public or Statutory Holidays, the Overtime Rate shall be twice the General Minimum Time-Rate otherwise applicable—i.e., Double Time.

PART III.

HOLIDAYS AND HOLIDAY REMUNERATION.

Workers in relation to whom the Committee operates and who qualify 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 a further period of seven consecutive whole holidays, and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART IV.

DEFINITION OF WORKERS.

The above Statutory Minimum Remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 , andof this Order, to all workers in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Aerated Waters) Order, 1919, that is to say :—

The manufacture, wherever carried on, of mineral or aerated waters, non-alcoholic cordials, flavoured syrups, unfermented sweet drinks, and other similar beverages, and the manufacture in unlicensed premises of brewed liquors, including :—

(a) The operation of bottle washing, bottling and filling, and all other operations preparatory to the sale of any of the aforesaid liquors in bottles, jars, syphons, casks or other similar receptacles ; and including also

(b) The operation of bottle washing, bottling and filling, and all subsidiary operations preparatory to the sale in bottles, jars or other similar receptacles of cider, ale, stout, porter and other alcoholic beers, where all or any of such last-mentioned operations are, or is conducted or carried on in association with or in conjunction with all or any of the operations specified under (a) above, so as to form a common or interchangeable form of employment for workers, and whether the two sets of operations or any of them are or is carried on simultaneously or not.

GIVEN under the Official Seal of the Court, this 31st Day of March, 1948.

(Signed) T. J. CAHILL,

A person authorised under Section 18 of the Act

to authenticate the Seal of the Court.