No. 288/1936:

CONDITIONS OF EMPLOYMENT (TURF INDUSTRY) (EXCLUSION) ORDER, 1936.

CONDITIONS OF EMPLOYMENT (TURF INDUSTRY) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (TURF INDUSTRY) (EXCLUSION) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 12TH DAY OF AUGUST, 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 ; and it is further enacted by subsection (2) of the said Section 52 that whenever the said Minister fixes by regulations made under the said section the hours of work in respect of any form of industrial work (whether for all or for any particular class or classes of workers engaged therein) the said Minister may by the same regulations make such provisions as he shall consider to be necessary or proper for securing that the average weekly earnings payable in a normal full working week to any person whose hours of work are reduced by such regulations shall not be reduced merely because of such reduction in his hours of work :

NOW, THEREFORE, the Minister for Industry and Commerce 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 , 39 , 43 and 47 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, 39, 43 and 47 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 or a young person, to commence work earlier than the hour of 8 a.m. on any day, or

(b) if a woman or a young person, to continue work after the hour of 10 p.m. on any day, or

(c) whether an adult worker or a young person, to continue work after any of the following limits, that is to say :—

(i) the time in any day when such worker has completed ten hours work on that day;

(ii) the time in any week when such worker has completed forty-eight hours work in that week;

(d) if a young person, to do the said industrial work between the hours of 10 p.m. on any day and 8 a.m. on the following day, or to commence work on any day until after the expiration of eleven hours from the time at which he ceased to do industrial work on the previous day.

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

4. The average weekly earnings payable in a normal full working week to any person whose hours of work are reduced by these regulations shall not be reduced merely because of such reduction in his hours of work.

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

By Order of the Minister for Industry and Commerce.

Dated this 12th day of August, 1936.

R. C. FERGUSON,

Assistant Secretary,

Department of Industry and Commerce.

SCHEDULE.

The footing, heaping, ricking, loading and filling of turf.