S.I. No. 8/1987 - Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1987

S.I. No. 8 of 1987.

EMPLOYMENT REGULATION ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE), 1987.

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 dated 29th November 1985. ( S.I. No. 391 of 1985 ) (hereinafter called "the said Order") fixing the statutory minimum 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 Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1987.

• (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 19th January, 1987 and as from that date the said Order shall be revoked.

Note: Enquiries should be addressed to The Secretary, The Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Phone 608444, Extension Nos. 301, 303 and 304).

PART I GENERAL MINIMUM TIME—RATES

WEEKLY RATES

SECTION I

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 1.

PART II CONDITIONS OF EMPLOYMENTS

NORMAL WORKING HOURS AND OVERTIME RATES

SECTION I

• (a) The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows:—

The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

• (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 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 insofar as double time is payable under the provisions of paragraphs (b and (c) 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.

• (c) For all time worked in excess of four hours on the customary day off 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 minimum rates of remuneration and conditions of employment shall, subject to the provisions of the Industrial Relations Act, 1946 and of this Order, apply 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 license, or brewed liquors elsewhere than upon the licensed premises of a cider manufacturer or 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 license 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.

BUT EXCLUDING

Workers affected by a Registered Employment Agreement, that is, "an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers".

PART IVANNUAL LEAVE

Workers in relation to whom the Committee operates shall be granted annual leave in accordance with the provisions of the Holidays (Employees) Act, 1973 . Those workers who do not have 20 days paid leave shall be granted a total of 20 days paid leave in the holiday year 1985 and thereafter. The additional days shall be taken at the discretion of the employer.

PART VSERVICE PAY

Workers who have been in continuous employment with the one employer to be granted service pay as follows:

PART VIPENSION SCHEME

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GIVEN under the Official Seal of the Labour Court this 12th day of January, 1987.

JOHN M. HORGAN,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 19th January, 1987 for workers employed in the Aerated Waters and Wholesale Bottling Trade. It is made by the Labour Court to the Recommendation of the Aerated Waters and Wholesale Bottling Joint Labour Committee.