S.I. No. 161/1971 - Employment Regulation Order (Women's Clothing and Millinery Joint Labour Committee), 1971

S.I. No. 161 of 1971.

EMPLOYMENT REGULATION ORDER (WOMEN'S CLOTHING AND MILLINERY JOINT LABOUR COMMITTEE), 1971

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 , (herein after called "the Act") made an Employment Regulation Order dated the 22nd May, 1970, ( S.I. No. 119 of 1970 ) (hereinafter called" the said Order") fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Women's Clothing and Millinery Joint Labour Committee (hereinafter called "the Committee") operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

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

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 conditions of employment of workers in relation to whom the Committee operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

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 (Women's Clothing and Millinery Joint Labour Committee), 1971.

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

3. The rates of wages set out in the Schedule hereto shall have effect as from the dates shown therein. All other provisions shall have effect as from 17th May, 1971 and from that date the said Order shall be revoked.

SCHEDULE

Minimum rates of wages and conditions of employment of workers in the trade other than workers employed in the making of women's headgear, in the factory branch of the trade in the Borough of Galway.

PART I.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR ALL MALE WORKERS.

SECTION I.—General Minimum Time-Rates and Piece-Work Basis Time-Rates for Male Workers (other than Learners) in the Mantle and Costume Section.

PART I—(continued)

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME RATES FOR ALL MALE WORKERS (continued).

SECTION II.-General Minimum Time-Rate for Male Workers other than those Provided for in Section I and other than Learners.

PART II.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR FEMALE WORKERS (INCLUDING HOME-WORKERS) EMPLOYED IN THE RETAIL BRANCH OF THE TRADE.

PART III.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATE FOR FEMALE WORKERS EMPLOYED IN THE FACTORY BRANCH OF THE TRADE.

PART IV.

NORMAL WORKING HOURS.

SECTION I.—The normal number of hours of work shall be as follows :£

(A) FOR THAT CLASS OF WORKERS WHO CUSTOMARILY ATTEND ON SIX DAYS A WEEK :–

(B) FOR THAT CLASS OF WORKERS WHO CUSTOMARILY ATTEND ON FIVE DAYS A WEEK :–

PROVIDED THAT :–

(I) All time worked on Sunday and Customary Public or Statutory Holidays by a worker of either of the classes (A) or (B) above and all time worked on the sixth day by a worker of class (B) shall be regarded as Overtime to which the overtime rates shall apply.

(II) The overtime rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for the week.

(III) The Overtime rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week.

SECTION II.—The minimum rates for overtime to apply in respect of time worked by a worker (whether employed on time-work or on piece work) in excess of the declared normal number of hours of work shall be as follows :–

(I) For the first two hours of overtime on any day other than on Sunday or on a Customary Public or Statutory Holiday, the Overtime rate shall be one-and-a-quarter times the minimum rate otherwise applicable, i.e., time-and-a-quarter.

(II) For overtime after the first two hours of overtime, on any day other than on Sunday or on a Customary Public or Statutory Holiday, the overtime rate shall be one-and-a-half times the minimum rate otherwise applicable, i.e., time-and-a-half.

(III) For all time worked on Sunday, Customary Public or Statutory Holidays, the overtime rate shall be twice the minimum rate otherwise applicable, i.e., double-time.

(IV) For all time worked in any week in excess of the declared normal number of hours for the week, the overtime rate shall be time-and-a-quarter, except in so far as overtime rates are payable under the provisions of Paragraphs I, II and III above.

PART V.

ANNUAL HOLIDAYS.

Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 .

(a) A worker in relation to whom the Committee operates and who qualified for annual leave under the Holidays (Employees) Act, 1961 , shall be granted additional annual leave as follows :–

5 additional days in the employment year 1968/69 and future employment years.

(b) Payment in respect of additional annual leave shall be calculated in the same manner as payment in respect of annual leave under Section 10 of the Holidays (Employees) Act, 1961 .

(c) The expression "employment year" where used in this Part shall have the meaning ascribed to it in the Holidays (Employees) Act, 1961 .

(d) The additional Annual leave may be granted at such time as may be agreed between the worker and the employer.

PART VI.

WORKERS TO WHOM THIS ORDER APPLIES.

The minimum remuneration and conditions of employment set out in this Order shall apply, subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers (other than workers employed on the making of women's headgear in the factory branch of the trade in the Borough of Galway) in respect of any time during which they are employed in any branch of the trade specified in the Trade Boards (Women's Clothing and Millinery) Order, 1926, and the Trade Boards (Women's Clothing and Millinery) Order. 1926, (Variation) Order, 1944, that is to say :—The making from textile or knitted fabrics of (a) tailored and non-tailored wearing apparel (other than handkerchiefs) worn by women or girls or by children without distinction of sex ; or (b) boys' readymade washing suits or sailor suits, where carried out in association with or in conjunction with the making of garments to be worn by women or girls, or by children without distinction of sex ; and the making from any material of women's or female children's headgear, or the trimming thereof.

INCLUDING :—

(1) All operations and processes of cutting, making or finishing by hand or machine of coats, costumes, coatfrocks, mantles, service clothing, dresses, skirts, wraps, blouses, blouse-robes, jumpers, sports-coats, neckwear, teagowns, dressing-gowns, dressing-jackets, pyjamas, underclothing, underskirts, aprons, overalls, juvenile clothing, baby-linen or similar articles.

(2) (a) The altering, repairing, renovating or re-making of any of the above-mentioned articles.

(b) The cleaning of any of the above-mentioned garments where carried out in association with or in conjunction with the altering, repairing, renovating or re-making of such garments.

(3) All processes of embroidery or decorative needle work where carried out in association with or in conjunction with the making, altering, repairing, renovating or re-making of such articles other than hand embroidery or hand-drawn thread work on articles made of linen or cotton or of mixed linen and cotton.

(4) The lining with fur of any of the above-mentioned garments where carried out in association with or in conjunction with the making of such garments.

(5) The following processes if done by machine : thread-drawing, thread-clipping, top-sewing, scalloping, nickelling and paring.

(6) Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing or other operations incidental or appertaining to the making, altering, repairing, renovating or re-making of any of the above-mentioned articles.

BUT EXCLUDING :—

(a) The making of knitted articles, knitted headgear, the making of headgear from knitted fabrics ; the making of underclothing, socks and stockings, from knitted fabrics and the making from knitted fabrics of articles mentioned in paragraph 1 above, where carried on in association with or in conjunction with the manufacture of the knitted fabrics.

(b) The making of gloves, spats, gaiters, boots, shoes and slippers.

(c) The making from rubberised or oilskin material or material commonly called plastic of men's or women's, boys' or girls' outer garments excluding aprons ; and the making from rubberised or oilskin material or material commonly called plastic of women's or girls' headgear where carried out in association with or in conjunction with the making of other rubberised oilskin or plastic articles.

(d) The making of women's collars and cuffs and of nurses' stiff washing belts where carried on in association with or in conjunction with the making of men's or boy's shirts or collars.

(e) Warehousing, packing and other similar operations carried on in shops mainly engaged in the retail distribution of articles of any description that are not made on the premises.

(f) The casting and making of solid metal helmets.

(g) The lining with fur of any of the articles mentioned in paragraph I above, and the making of fur hats, where carried on in association with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs or similar articles.

(h) The branches of the trade covered by the Trade Board (Corset) Order, 1919.

(i) The making of hoods which :—

(1) are for women's or female children's headgear, and

(2) are from materials which, at any stage of the making- of the hoods, are felted in the premises in which the hoods are made.

PART VII.

DEFINITIONS.

SECTION I.– (a) The Retail Branch of the Trade shall be deemed to be that branch in which the article is made for, and supplied direct to the wearer.

(b) The Factory Branch of the Trade shall include all branches and operations of the Trade not included in the Retail Branch.

(c) The Mantle and Costume Section shall be deemed to be that Section of the Retail or Factory Branch of the Trade in which the operations and processes of cutting, making or finishing by hand or machine of coats, costumes, coar-frocks or mantles or the altering, repairing, renovating or remaking of such articles are carried on.

SECTION II.– The term "homeworker" shall be deemed to mean a worker who works in her own home or any other place not under the control or management of her employer.

SECTION III.– A male or female learner is a worker who :–

(a) is employed during the whole or a substantial part of the hours of work in learning any branch or process of the trade by an employer who provides the learner with reasonable facilities for such learning ; and

(b) Has received a learner's certificate or has been registered in accordance with the rules from time to time laid down by the Joint Labour Committee, or has made an application for such certificate of registration which has been duly acknowledged and is still under consideration.

Any worker who has previously been employed in any branch of the Trade as defined in this Schedule and has not been registered as a learner, nor has held a learner's certificate and who is subsequently employed as a learner shall count the whole period of such previous employment for the purpose of determining the time-rate at which such worker is entitled to be paid.

A learner shall cease to be a learner and shall become entitled to the minimum rates payable to workers other than learners on the completion of the period of learnership specified in Parts I, II and III.

PROVIDED THAT–

(i) The learner's certificate shall become invalid if the other conditions of learnership are not complied with.

(ii) An employer may employ a learner on first employment in the trade (as described in this Part of the Schedule) without a certificate for a probationary period not exceeding one month, but, in the event of such Learner being continued thereafter in such employment, the probationary period shall be included in the period of learnership.

(iii) An application for a learner's certificate must be made to the Committee in respect of every worker whom it is desired to employ at the special lower rates fixed for learners. Unless a learner's certificate has been obtained or application has been made which has been acknowledged and is still under consideration, and the other conditions of learnership laid down in this Schedule are complied with, the minimum rate payable is that for workers other than learners, and other than the workers specified in Section I of Part I and in Section II of Part II of this Schedule.

(iv) Where the employment of a male or female learner with a particular employer is interrupted by reason of his/her illness, the temporary cessation of the work on which he/she is employed, the temporary reduction of the weekly quantity of such work or any other temporary cause not due to his/her act or default, he/she shall be deemed to have been in the continuous employment of such employer for the purpose of determining the appropriate rate applicable to him/her provided that such interruption does not exceed thirty days (counting Sundays and other non-working days) and provided that he/she returns to employment with that particular employer at the end of such interruption.

(v) For the purpose of determining the minimum rate applicable, there shall be included in the calculation of the period of employment of a learner one-half of the period of such learner's attendance at a whole-time course of instruction in the trades at a Technical School (which may include a reasonable amount of general education) such instruction being given by a teacher whose qualification has been approved by the Department of Education and being of a minimum duration of two years.

PART VIII.

GENERAL.

In the case of workers including learners employed on piece-work, each piece-rate must be such as will yield, in the circumstances of the case, to an ordinary worker, not less than the appropriate piece-work basis time-rate payable to a worker of the class concerned. In determining whether any piece-rate satisfies this condition, regard must be had only to the earnings of ordinary worker, i.e., workers of ordinary skill and experience in the class of work in question, and not to the earnings of workers of greater or less than ordinary skill and experience.

PART IX.

WAITING TIME.

A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time during which he is on the employers premises unless the employer can prove that such worker was so present (a) without the employer's consent expressed or implied or (b) for some purpose unconnected with his work and other than waiting for work to be given to him to perform or unless (c) only, by reason of the fact that he was resident on the premises or (d) during normal meal hours in a room or place in which no work is being done. A worker on piece-work is deemed during "Waiting-Time" to have been employed at the general minimum piece-work basis time-rate applicable.

PART X.

SERVICE PAY FROM 1st JULY, 1971.

Male and Female Workers with 20 years service and over with the same employer £1 per week,

Service Pay not to be included in the calculation of Overtime rates and not paid for any period of absence (without authorisation) of five consecutive days.

GIVEN under the Official Seal of the Labour Court this 6th day of May, 1971.

(Signed) D. MacDIARMADA.

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

EXPLANATORY NOTE.

This Instrument fixes with effect as from 17th May, 1971, statutory minimum rates of remuneration and statutory conditions of employment of workers employed in the Women's Clothing and Millinery Trade. It is made by the Labour Court on the recommendation of the Women's Clothing and Millinery Joint Labour Committee.