S.I. No. 40/1969:

INDUSTRIAL TRAINING (ENGINEERING INDUSTRY) ORDER, 1969.

INDUSTRIAL TRAINING (ENGINEERING INDUSTRY) ORDER, 1969.

An Chomhairle Oiliúna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following Order:

1. This Order may be cited as the Industrial Training (Engineering Industry) Order, 1969.

2. The activities of the engineering industry specified in the Schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE

1. (i) In this Schedule--

" architectural and builders' ironmongery " means fittings or attachments to doors or windows or the frames thereof, being fittings or attachments constructed wholly or mainly of metal or of metal and plastics material;

" articles " includes any parts or components of articles, being parts or components made wholly or mainly from metal or tungsten carbide or from any combination of either metal and plastics material or of metal and tungsten carbide;

" building " includes any erection in the nature of a building;

" building work " means the construction, alteration, repair or demolition of a building or part of a building;

" civil engineering work " means the construction or demolition of a railway line, siding or monorail, the construction, structural alteration, repair or demolition of any aerodrome, airport, bridge, road, viaduct, dock, harbour, pier, quay, wharf, coast protection, river or drainage work, aqueduct, canal, inland navigation, reservoir, waterworks, bore-hole, well (other than an oil well), filter bed, sewage works, sewer, cooling tower or pond, tunnel, heading, adit, chimney, furnace, carbonising or gas-making plant, nuclear or thermal power station, hydro-electric station, cable trench or duct, oil refinery, pipeline or defence installation, the sinking of a shaft or bore-hole in a mine of coal, stratified ironstone, shale or fire-clay, the construction of a road below ground in such a mine, the construction of a swimming pool or other bathing place or of a playing field or ground for sporting or recreational purposes, the laying out of a cemetery or the preparation of the site, or the laying down of a foundation or substructure, in connection with any of the said operations or with the erection of structural metalwork;

" contractors' plant " means machinery, plant or equipment of a kind used or intended for use in operations on the site of any building work or civil engineering work;

" company " includes any body corporate, and " subsidiary " has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

" electrical apparatus and appliances " means machine, contrivance, device or requisite for the production or conversion of electrical energy, or which uses electricity in any form as an energy source;

" engineering activities " means any one or more of the principal activities of the engineering industry and the activities included in that industry by virtue of paragraph 2 (xxv);

" engineering or electrical plant " means fixtures, implements and machinery used in or in connection with any industrial process or service;

" goods vehicles " means motor vehicles constructed or adapted for use for the carriage of goods or trailers so constructed or adapted and " trailers " means vehicles drawn by motor vehicles;

" iron " and " steel " include respectively alloy iron and alloy steel containing in each case more than 55 per cent of pure iron by weight;

" jewellery " includes any article of personal adornment (whether or not containing stones) but does not include clock or watch movements;

" letting out on hire " does not include a letting under a hire-purchase agreement;

" local authority " means the council of a county, county or other borough, or of an urban or rural district;

" maintenance " means inspecting, dismantling, repairing, overhauling, adjusting or altering of engineering or electrical components, apparatus, plant, machinery or appliances;

" manufacture " includes assembly or any process or operation incidental or appertaining to manufacture or assembly;

" motor vehicles " means mechanically propelled vehicles intended or adapted for use on roads, and includes tramcars and trolley vehicles but does not include implements for cutting grass that are not capable of being used or adapted for any other purpose;

" non-ferrous metal " means any metal other than iron or steel;

" office premises " has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

" pipe-line " means a pipe or system of pipes (together with any apparatus or works associated therewith) for the conveyance of anything, but does not include a pneumatic despatch tube;

" plastics material " means any material (other than synthetic rubber of any kind) made wholly or mainly by addition, polyaddition, condensation, polycondensation, polymerisation, copolymerisation, esterification or other similar chemical process, or regenerated or modified celluloses, or hardened proteins or natural resin modified by fusion or esterification and includes any such material reinforced by glass fibres or bonding glass fibres;

" principal activities of the engineering industry " means activities which, subject to the provisions of paragraph 3, are specified in paragraph 2, other than sub-paragraphs (xxv) and (xxvi) thereof, as activities of the engineering industry;

" processing of plastics material " means any of the following operations when carried out on or with plastics material, that is to say, masticating, compounding, mixing, calendering, extruding, moulding, pressing, thermoforming, blowing, casting, dipping, coating, encapsulating, heat sealing, laminating, filament winding, machining, cutting, vulcanising or foaming;

" production " includes any process or operation incidental or appertaining to production;

" related activities " means any of the following activities, that is to say--

(a) research, development, design or drawing;

(b) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations;

(c) operations of a kind performed at office premises or laboratories, or at stores, warehouses or similar places;

(d) cleaning, washing or garaging vehicles or carrying out running repairs or minor adjustments thereto;

(e) training of employees or apprentices;

" repair " includes all or any of the operations of repair, reconditioning, modification, alteration or conversion or replacement of a part, but does not include cleaning or washing motor vehicles or carrying out running repairs or minor adjustments thereto;

" ships ", " vessels " and " harbours " have the same meanings as in the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60);

" transport service equipment " means plant or equipment of a kind used in the testing or analysis of performance of motor vehicles or goods vehicles, in their repair or in their recovery when damaged;

" vehicle bodies " includes motor cycle sidecars, perambulators, invalid carriages, folding push-cars and bodies for caravans.

(ii) For the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other or both are subsidiaries of a third company, and " associated company " shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred to in Article 2 of this Order, namely :

(i) the manufacture of--

(a) articles wholly or mainly from metal or tungsten carbide;

(b) articles wholly or mainly from any combination of either metal and plastics material or of metal and tungsten carbide;

(c) motor vehicles, goods vehicles, vehicle bodies, marine or stationary engines;

(d) all operations carried out at or from a yard, a dry dock (including the precincts thereof), a harbour or a wet dock in the construction, reconstruction, repair, refitting, painting or finishing of ships, vessels or other floating constructions, or in scaling, scurfing or cleaning the boilers or in scaling the hulls thereof;

(e) articles embodying a lens or prism;

(f) primary cells, batteries or electric accumulators;

(g) electric cables, electric filament lamps, electric discharge lamps or photographic flashbulbs;

(h) thermionic, cold cathode or photo-cathode valves or tubes, cathode-ray tubes or electric capacitors or resistors;

(i) printed or micro-electronic circuits, devices using ferrite or quartz crystals for electrical purposes or semi-conductor or piezo-electric devices;

(j) electrical apparatus and appliances;

(k) patterns or models constructed for engineering purposes;

(ii) the installation, testing, inspection or repair of any articles or other products specified in paragraph 2 (i);

(iii) the painting or paint spraying of any articles specified in sub-paragraphs 2 (i) a, 2 (i) b, 2 (i) c, 2 (i) d, or 2 (i) k;

(iv) the assembly of electric blankets;

(v) the manufacture of steel or other metal framework of buildings or of structures made wholly or mainly of steel or other metals and the subsequent erection thereof;

(vi) the production of steel by any process;

(vii) the casting of iron or steel or non-ferrous metal by any process;

(viii) the production with or without heat of any iron or steel or non-ferrous metal forgings;

(ix) the annealing or heat treatment of steel;

(x) the rolling, with or without heat, of iron or steel products for the purpose of reducing the cross-sectional area thereof;

(xi) the production from iron or steel of bright bars, hot finished tubes or hot finished pipes;

(xii) the production of tinplate, ternplate, iron or steel wire, or steel wire ropes;

(xiii) the production of galvanised or other coated steel sheets;

(xiv) the following operations or processes, that is to say--

(a) the reduction of virgin aluminium, the production of secondary-based aluminium or of aluminium alloys or the manufacture of aluminium powder or paste and, when carried out by an employer engaged substantially in any of the said operations, the production or processing of any other non-ferrous metal;

(b) the smelting or refining of metal or metal alloys;

(c) the rolling, drawing, extruding or forging of non-ferrous metal and, when carried out by an employer engaged substantially in any such operation, any refining of metal incidental thereto;

(xv) the following operations or processes, that is to say--

(a) any process of metal preparation including mechanical or chemical cleaning;

(b) tempering, case-hardening and annealing or other process of metal treatment;

(c) electro-plating, anodising, polishing, burnishing, vitreous or stove enamelling or other metal finishing process;

(xvi) the maintenance of engineering and/or electrical plant;

(xvii) the machining of carbon articles;

(xviii) the preparation of engineering drawings required in the engineering industry;

(xix) the repair of motor vehicles or goods vehicles, contractors plant, marine or stationary engines;

(xx) buying or selling motor vehicles or goods vehicles or contractors plant, marine or stationary engines by way of business;

(xxi) selling by retail, petrol, diesel oil, or lubricating or other oils for use in motor vehicles or goods vehicles or contractors plant or ships, vessels or other floating constructions, or marine or stationary engines;

(xxii) selling by wholesale, components, replacements, spare parts or accessories for motor vehicles or goods vehicles or contractors plant or marine or stationary engines or ships, vessels or other floating constructions;

(xxiii) the selling or letting out on hire of transport service equipment by way of business;

(xxiv) the hiring out by an employer of individuals in his employment to persons engaging in any of the foregoing activities, where the said individuals are to be employed in such activities;

(xxv) any activities, being--

(a) related activities incidental or ancillary to principal activities of the engineering industry; or

(b) activities undertaken in the administration, control or direction of one or more establishments being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;

and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(xxvi) any activities of industry or commerce (other than engineering activities) carried out at or from an establishment mainly engaged--

(a) in engineering activities; or

(b) in engineering activities and in activities described in the Appendix but to a greater extent in engineering activities than in activities described in the Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely:

(i) the activities of any establishment (not being an establishment of a local authority) engaged--

(a) mainly in activities not being engineering activities; or

(b) to a less extent in engineering activities than in activities described in the Appendix in relation to any one industry;

(ii) the activities of any establishment engaged wholly or mainly in related activities, being activities--

(a) incidental or ancillary to the activities of one or more establishments (hereinafter referred to as " the principal establishment ") engaged wholly or mainly in any activities not being principal activities of the engineering industry; and

(b) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;

(iii) the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say--

(a) any operations in a building work or a civil engineering work, or (being operations undertaken in, upon, above or under a building, or the close, curtilage or precincts thereof, or a civil engineering work or the site of a building or such a work) in the provision or continued provision for a building, civil engineering work or site of water, gas, electricity, lighting, heating, ventilation or air-conditioning;

(b) the erection, repair or dismantling of walls, fencing, hoardings or scaffolding;

(c) the erection or dismantling of exhibition stands;

(d) the manufacture of industrialised building components or sections or of prefabricated buildings or sections of buildings, being components, sections or buildings framed in wood;

(e) the construction of shop, office or similar fittings on the premises in which they are to be installed, or the prefabrication elsewhere of such fittings by the employer engaged in the installation;

(f) the hiring out of contractors plant or of scaffolding;

(g) dealing by a merchant or factor in building, plumbing, decorating, heating, ventilating or air-conditioning materials or equipment, in architectural and builders' ironmongery or in cloakroom fittings, where such products are supplied to persons engaging in any activities specified in head (a);

(h) the manufacture, repair or tuning of pianofortes, harpsichords, spinets, clavichords or pipe-organs;

(i) the assembly, installation, cleaning or repair of venetian blinds;

(j) the processing of plastics material;

(k) the manufacture of paint;

(l) electro-typing, stereo-typing, type-setting, type casting, preparing lithographic plates or engraving for the purpose of printing;

(m) the printing of name plates or similar plates otherwise than for the purpose of the manufacture of metal containers or electrical circuits;

(n) the manufacture or re-covering of printers' rollers;

(o) any operations or processes in the manufacture of articles wholly or mainly from gold, silver or platinum or from an alloy that includes any such metal, not being operations or processes mentioned in paragraph 2 (xiv) (a);

(p) gold, silver or platinum plating;

(q) the cutting or polishing of diamonds;

(r) the manufacture or repair of any of the following products or any products similar thereto, that is to say, artificial flowers or teeth, ballpoint or fountain pens, belts, braces, brooms, brushes (not being carbon brushes), clothing, dentures, document cases or covers, eye-glasses, footwear, handbags, jewellery, jewel cases, lampshades, pencils, purses, spectacles (including frames thereof), straps, suitcases, toys and games or wallets; or

(s) the inspection, maintenance, repair, overhaul, replacement or modification of aircraft or parts of aircraft or of such of the equipment of aircraft as is necessary for the airworthiness thereof.

(iv) the activities undertaken by any company, body or person in exercise of its authority by or under any enactment to construct, work, maintain or carry on any undertaking for the supply of electricity, gas or water, or any dock or harbour;

(v) any activities specified in paragraph 2 (xxv) or paragraph 2 (xxvi) when carried out by a local authority;

(vi) any operations carried out by a person undergoing a course of training as a seagoing officer or rating under an agreement in writing with an employer in the shipping industry or with any organisation of employers in that industry or any association of such organisations; or

(vii) the supply of food or drink for immediate consumption.

APPENDIX

The activities that would be included in the industry, specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

GIVEN under the seal of An Chomhairle Oiliúna this 10th day of March, 1969.

The Seal of An Chomhairle Oiliúna was affixed in the presence of:

M. J. KILLEEN, Chairman,

and

B. Mac MANUS

an officer of An Chomhairle Oiliúna, authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 to promote training in industry and commerce.

This Order defines the activities of the Engineering Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.