S.I. No. 266/1970:

EMPLOYMENT REGULATION (NO. 2) ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE, 1970.

EMPLOYMENT REGULATION (NO. 2) ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE, 1970.

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 Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1970 dated 8th June, 1970 ( S.I. No. 130 of 1970 ) (hereinafter called "the said Order") fixing statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Aerated Waters and Wholesale Bottling 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 (No. 2) Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1970.

(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 25th January, 1971 and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.-- GENERAL MINIMUM TIME-RATES.

WEEKLY RATES.

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.

HOURLY RATE.

The hourly rate should be ascertained by dividing by the appropriate number of hours as set out in Part II, Section I.

PART II.

NORMAL WORKING HOURS AND OVERTIME RATES

SECTION I.--(a) The normal number of hours of work shall be as follows:--

( b ) The working week shall be one of 5 days, the off-day to be taken on the normal local short day, unless otherwise mutually agreed between the employer and worker.

PROVIDED THAT--

(i) All hours worked by a worker on the weekly off-day, 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, the number of hours which would have been worked on such holiday if it had been a normal working 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 normal number of hours of work shall be as follows:--

( a ) For all time worked in excess of the 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.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES

The above Statutory Minimum Remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers in respect of any time during which they are employed in any Branch of the Trade as specified hereunder:--

THE AERATED WATERS AND WHOLESALE BOTTLING TRADE, that is to say:

( a ) 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 under licence of brewed liquors elsewhere than upon the licensed premises of a cider manufacturer or of a brewer of beer;

( b ) the operations 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;

( c ) the operations of bottle-washing, bottling and filling and all subsidiary operations preparatory to the sale under a Beer Dealer's licence in bottles, jars and other similar receptacles of ale, stout, porter and other alcoholic beers except where such operations are conducted or carried on upon the licensed premises of a brewer of beer, and

( d ) the operations of bottle-washing, bottling and filling and all subsidiary operations preparatory to the sale by wholesale of cider in bottles, jars or other similar receptacles, except where such operations are conducted or carried on upon the licensed premises of a cider manufacturer.

PART IV.

ANNUAL LEAVE.

( a ) Workers in relation to whom the Committee operates shall be granted annual leave in accordance with the provisions of the Holidays (Employees) Act, 1961 except that workers with 2 years' service with the same employer shall be granted additional annual leave as follows:--

5 additional days in the employment year--1969/70 and future employment years.

( b ) The Additional Annual Leave may be granted at such time as may be agreed between the worker and employer.

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

PART V.

SERVICE PAY.

Male and Female Workers who have been in continuous employment with the one employer to be granted Service Pay as follows:--

NEW PART VI.

PENSIONS AND MORTALITY SCHEME.

Pending the introduction of a pensions and mortality scheme a temporary mortality scheme commencing from 15th June, 1970 to be provided for workers for whom cover can be obtained at normal rates of premium and who have at least 2 years' service with their present employer.

NOTE: £ s. d. rates are to be converted to decimal currency strictly in accordance with the Recommendations of the Decimal Currency Board.

Given under the Official Seal of the Court this 18th day of November, 1970

(Signed) D. Mac Diarmada.

A person authorised under Section 18 of the Industrial Relations Act 1946 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 25th January, 1971 for workers employed in the Aerated Waters and Wholesale Bottling Trade. It is made by the Labour Court on the Recommendation of the Aerated Waters and Wholesale Bottling Joint Labour Committee.