S.I. No. 157/1980 - Employment Regulation Order (Messengers (Cork City Area) Joint Labour Committee), 1980.

S.I. No. 157 of 1980.

EMPLOYMENT REGULATION ORDER (MESSENGERS (CORK CITY AREA) JOINT LABOUR COMMITTEE), 1980.

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 an Employment Regulation Order dated 20th December, 1978, (No. 361 of 1978) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Messengers (Cork City Area) Joint Labour Committee (hereinafter called "the Committee") operates;

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 statutory 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 Employment Regulation Order (Messengers (Cork City Area) Joint Labour Committee) 1980.

(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 the 2nd June, 1980 and as from that date the said Order shall be revoked.

Note: Enquiries should be directed to the Joint Labour Committees Section, The Labour Court, Mespil Road, Dublin 4. (Phone 765861, Extension Nos. 169 and 182).

SECTION 1—Workers to whom this Schedule applies.

This Schedule shall apply to all workers under twenty years of age wholly or mainly engaged in the delivery of goods and employed by persons whose place of business is situated within a radius of three miles from the Head Post Office in the County Borough of Cork.

Excluding

Workers employed as assistants to drivers of mechanically propelled or animal-drawn vehicles, engaged in the delivery of bread or flour confectionery.

SECTION 2—Full-time Workers.

In any week in which a worker works for thirty hours or more, he shall be paid a weekly wage of not less than the rate shown in the following table, as appropriate to his age:—

SECTION 3—Part-time Workers.

In any week in which a worker works for less than thirty hours, he shall be paid an hourly wage not less than the rate shown in the following table as appropriate to his age and he shall be paid a minimum of four hours' wages at such rate in respect of each day on which he works:—

SECTION 4—Overtime and Normal Hours of Work.

The normal number of hours of work shall be as follows:

For 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 .

All time worked in excess of normal hours shall be overtime and shall be paid for at overtime rates.

SECTION 5—Overtime Rates and Rates for Sundays and Public Holidays

(1) The minimum rate for overtime as defined in Section 4 shall be as follows:—

( a ) For the first two hours of overtime on any day one-and-a-quarter times the rate otherwise applicable, i.e. time-and-a-quarter.

( b ) For all overtime in excess of the first two hours on any day, one-and-a-half times the rate otherwise applicable, i.e. time-and-a-half.

(2) The minimum rate for all hours worked on Sundays and Customary public or Statutory Holidays shall be twice the rate otherwise applicable, i.e., double time.

(3) For the purpose of this Section "the rate otherwise applicable" means:

( a ) In the case of a worker who qualified for payment under Section 2 the appropriate weekly rate set out in Section 2 divided by the declared normal number of hours worked per week.

( b ) In the case of a worker who qualified for payment under Section 3, the appropriate hourly rate set out in Section 3.

SECTION 6—Meal Interval.

An interval of 1¼ hours shall be allowed for a meal on each day other than the short day. Such interval shall not be regarded as time worked.

SECTION 7—Annual Holidays.

Holidays shall be in accordance with the Holidays (Employees) Act, 1973 . Those workers who do not have 17 days annual leave shall be entitled to a total of 17 days leave, the additional day(s) to be taken during the current employment year and thereafter as additional holidays per year.

SECTION 8—Protective Clothing

(1) It shall be the duty of the employer to provide protective clothing such as capes, pull-ups and sou'westers for workers employed by him.

(2) It shall be the duty of workers to take reasonable care of protective clothing provided.

SECTION 9—Maintenance and Care of Vehicles.

(1) The employer shall ensure that a vehicle to be used by a worker is maintained in good mechanical order.

(2) The worker shall take proper care of any vehicle used by him and shall bring to the notice of the employer any defect of which he becomes aware.

SECTION 10—Identification of Vehicles.

The name and address of the employer shall be displayed on bicycles, tricycles, box-carriers, hand-carts and barrows, in letters and figures at least one inch in height and clearly legible.

GIVEN under the Official Seal of the Court this 28th day of May, 1980.

(Signed) MICHAEL CORCORAN,

A person authorised under Section 18 of the Act to authenticate

the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes new statutory minimum rates of pay and regulates statutory conditions of employment as from the 2nd June, 1980 for Messengers employed in the Cork City Area. It is made by the Labour Court on the recommendation of the Messengers (Cork City Area) Joint Labour Committee.