S.I. No. 261/1999 - Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1999

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of Section 48 of the Industrial Relations Act, 1990 (hereinafter called “the Act”), made an Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) dated 11th December, 1997 ( S.I. No. 495 of 1997 ) (hereinafter called “the 1997 Order”), fixing the 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 1997 Order;

AND WHEREAS the Committee has also submitted to the Court proposals as 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 48 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 (4) of the Industrial Relactions Act, 1946 and Section 48 (4) of the Industrial Relations Act, 1990 hereby Orders as follows:—

• (1) This Order may be cited as the Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1999.

• (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 27th August, 1999 and as from that date the 1997 Order shall be revoked.

NOTE: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 01-6136666, Extension Nos. 6639, 6640 and 6641. “Lo-Call” number (if calling from outside (01) area 1890 220 228).

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 CONDITIONS OF EMPLOYMENT

SECTION I—Normal Working Hours:

• (a) The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 39 hours per week.

In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

• (b) The working week shall be one of 5 days, the off-days 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—Overtime Rates:

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-one 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 Acts, 1946-1990 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 licence, of 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, siphons, 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

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” and registered in the Register of Employment Agreements.

PART IV ANNUAL LEAVE

All employees are entitled to annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 .

PART V SERVICE PAY

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

PART VI SERVICE PAY (WORKERS OF MINIMUM RATES)

Only workers whose rates of pay are confined to the minimum basic rates specified in Part I and who have been in continuous employment with the one employer to be granted service pay as follows:—

PART VII PENSION SCHEME

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 27th August, 1999 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.