No. 353/1936:

CONDITIONS OF EMPLOYMENT (CREAMERIES) (EXCLUSION) ORDER, 1936.

CONDITIONS OF EMPLOYMENT (CREAMERIES) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (CREAMERIES) (EXCLUSION) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 5TH DAY OF OCTOBER, 1936, PURSUANT TO SECTIONS 29 AND 52 OF THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

WHEREAS it is enacted by subsection (1) of Section 29 of the Conditions of Employment Act, 1936 , that the Minister for Industry and Commerce may by order make regulations (in the said Act referred to as exclusion regulations) declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of Part III of the Act :

AND WHEREAS it is enacted by subsection (1) of Section 52 of the said Act that whenever the Minister for Industry and Commerce makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the said Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work :

NOW, THEREFORE, the Minister for Education acting as agent for the Minister for Industry and Commence in exercise of the powers conferred on him by sections 29 and 52 of the Conditions of Employment Act, 1936 , and of every and any other power him in this behalf enabling, and having first consulted with representatives of employers and representatives of workers pursuant to subsection (2) of the said Section 29 and subsection (3) of the said Section 52, makes by this Order the following regulations, that is to say :—

1. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

2. The form of industrial work specified in the Schedule to this Order is hereby declared to be excluded industrial work for the purpose of sections 38 , 43 and 49 of the Conditions of Employment Act, 1936 .

3. The hours of work in respect of the form of industrial work declared by the preceding regulation to be excluded industrial work for the purpose of Sections 38, 43 and 49 of the said Act are hereby fixed as follows, that is to say :—

It shall not be lawful for any employer who employs any worker to do the said form of industrial work in an industrial undertaking on day work to permit such worker

(a) if a woman, to commence work earlier than the hour of 8 a.m. on any day, or

(b) whether a man or woman, to continue work after any of the following limits, that is to say—

(i) the hour of 8 p.m. on any day,

(ii) the time in any day when such worker has completed nine hours work on that day,

(iii) the time in any week when such worker has completed fifty-eight hours work in that week, or

(c) if a young person, to do any industrial work on a Sunday or a public holiday.

In this regulation the expression " day work " means work which is neither continuous process shift work nor licensed shift work.

This Order may be cited for all purposes as the Conditions of Employment (Creameries) (Exclusion) Order, 1936.

By Order of the Minister for Education acting as Agent for the Minister for Industry and Commerce.

Dated this 5th day of October, 1936.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

Work in connection with the manufacture and disposal of dairy produce, other than condensed milk, on premises for the time being registered in the register of creameries or the register of manufacturing exporters or the register of cream-separating stations kept in pursuance of the Dairy Produce Act, 1924 (No. 58 of 1924), or on a vehicle in respect of which a vehicle licence issued in pursuance of subsection (1) of Section 3 of the Dairy Produce (Amendment) Act, 1934 (No. 34 of 1934), is for the time being in force.