No. 219/1938:

APPRENTICESHIP COMMITTEE FOR THE HOUSE-PAINTING AND DECORATING TRADE CONFIRMATION OF RULES ORDER, 1938.

APPRENTICESHIP COMMITTEE FOR THE HOUSE-PAINTING AND DECORATING TRADE CONFIRMATION OF RULES ORDER, 1938.

The Apprenticeship Committee for the House-Painting and Decorating Trade Confirmation of Rules Order, 1938, made by the Minister for Industry and Commerce on the 14th day of July, 1938, pursuant to sub-section (1) of Section 9 of the Apprenticeship Act, 1931 .

WHEREAS the Apprenticeship Committee for the House-Painting and Decorating Trade, established in accordance with the House-Painting and Decorating Trade (Constitution of Apprenticeship Committee) Regulations, 1935, for the particular trade declared by the Apprenticeship Act (House-Painting and Decorating Trade) Special Order, 1935, to be a designated trade for the purposes of the Apprenticeship Act, 1931 , and in the area constituted by the Apprenticeship Act (House-Painting and Decorating Trade) Apprenticeship District Order, 1935, to be an apprenticeship district for the purposes of such designated trade, has, in exercise of the powers conferred on it by Section 8 of the said Act, made the rules set out in the schedule to this Order, and has submitted the same to the Minister for Industry and Commerce.

AND WHEREAS it is enacted by sub-section (1) of Section 9 of the said Act that the Minister for Industry and Commerce may, in respect of any rule submitted to him by an apprenticeship committee under the said Act, either by order confirm such rule or refuse to confirm such rule :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of Section 9 of the Apprenticeship Act, 1931 , and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Apprenticeship Committee for the House-Painting and Decorating Trade Confirmation of Rules Order, 1938.

2. The rules set out in the schedule to this Order are hereby confirmed.

3. The rules set out in the schedule to this Order shall come into force on the 30th day of July, 1938.

By Order of the Minister for Industry and Commerce.

Dated this 14th day of July, 1938.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

RULES MADE BY THE APPRENTICESHIP COMMITTEE FOR THE HOUSE-PAINTING AND DECORATING TRADE ON THE 10TH MAY, 1938.

PART I.—APPRENTICESHIP CLASSIFICATION RULES.

The Committee declare that employment in the Trade of the classes of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade.

Classes of Persons : Persons, whose first employment in the Trade commences on or after the date on which these Rules come into force, who have not completed the period of employment indicated in Part II of this Schedule.

Manner of Employment : Employment in any one or more of the operations included in the House-Painting and Decorating Trade as defined in Part VI of this Schedule.

PART II.—RULES REGULATING THE PERIOD OF APPRENTICESHIP.

The Committee prescribes that the period of apprenticeship in the Trade shall be six years.

Provided that—

(i) An employer may employ an apprentice on first employment in the Trade for a probationary period not exceeding six months.

(ii) The Rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter.

(iii) The other Rules indicated in this Schedule shall apply during and in relation to the probationary period.

(iv) Where an apprentice is, through illness, continuously absent from employment for a period in excess of three months, the appropriate year of his employment by way of apprenticeship shall be extended by a period equal to such excess period.

PART III.—RULES REGULATING THE MINIMUM RATES OF WAGES.

The Committee prescribe hereunder the Minimum Rates of Wages (other than wages for overtime) to be paid to apprentices in the Trade—

Provided :—

(a) that the above Rates shall be payable, in the case of apprentices of 18 years of age or over, per week of 48 hours and, in the case of apprentices of under 18 years of age, per week of 40 hours ;

(b) that, for the purpose of calculating the Minimum Rate per hour to which an apprentice is entitled, the Minimum Rate per week to which the apprentice is entitled under these Rules shall be divided by the maximum number of hours which may be worked in any week by the apprentice under Part IV of this Schedule ; and

(c) that the above Minimum Rates are without prejudice to the payment of higher rates by agreement or otherwise.

PART IV.—RULES REGULATING THE MAXIMUM HOURS OF WORK.

The Committee prescribe 48 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by apprentices of 18 years of age or over in the Trade, and 40 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by apprentices whose age is less than 18 years.

PART V.—RULES REGULATING THE NUMBER OF APPRENTICES.

The Committee fix, in relation to each employer carrying on the Trade and specified in a list of such employers from time to time prepared by the Committee, the standard number of apprentices whom the Committee consider should be employed by each such employer as follows :—

Provided that—

(i) Where the number of journeymen employed by an employer exceeds the prescribed number shown in Column 2, the employer may employ one apprentice in respect of each complete prescribed number of journeymen ;

(ii) the number of apprentices to be employed by an employer shall not, however, at any time exceed SIX.

For the purpose of this Rule, 300 days, employment in any year ended 31st December of a journeyman or journeymen on the operations specified in Part VI of this Schedule shall be equivalent to the continuous employment of one journeyman for that year.

PART VI.—DEFINITION OF TRADE.

The House-Painting and Decorating Trade is defined in the Schedule to the Apprenticeship Act (House Painting and Decorating Trade) Special Order, 1935, as being :

THE HOUSE-PAINTING AND DECORATING TRADE.

that is to say :—

Any of the following operations or processes when performed on the interior or exterior surface of any building, ship or other craft or a structure or erection of any kind :—

1.—Painting and Distempering :

( a ) The application of paint, distemper or other medium of any kind, to any surface by manual or mechanical process, and the preparatory mixing of such paint, distemper or other medium, for the purpose of producing various finishes ;

( b ) The preparation of the grounds and all operations (including the removal of paint, knotting, priming, stopping, filling up, surfacing and washing) preparatory to the application of such paint, distemper or other medium.

( c ) Dusting, cleaning or washing for purposes of restoration or renovation, when done on any surface, either apart from or in conjunction or in association with operations involving the application of paint, distemper or other medium.

( d ) Hacking-out, puttying and glazing, when such operations are performed in conjunction or in association with operations involving the application of paint, distemper or other medium.

2.—Papering and Whitening :

( a ) The hanging and application of wallpaper and other hangings, including textile fabrics, imitation leather papers, Japanese grass and relief materials.

( b ) The papering or whitening of ceilings.

3.—Imitation Painting :

The operations of graining (including processes by roller and transfer), marbling, gilding, graniting, and also the representation of inlays, marqueterie, mosaic, ivory, bronze and other imitational paintings.

4.—Decorative Painting :

Striping, lining and outlining, stippling, stencilling (including the designing and cutting of stencils), oil gilding, matt and burnish gilding, glazing, scumbling, gesso, representation of tapestry, painting or distempering in monochrome or in polychrome or in raised or sanded decorative style.

5.—Lettering :

Letter-writing and embossing, gilding and colouring on glass, heraldic painting and the treatment and fixing by adhesive composition of letters made of wood or other substance.

6.—Staining :

The preparation, mixing, and application of stains, ornamental and decorative staining, chemical staining, oil and wax polishing.

7.—Varnishing :

The application of spirit oil, gum, cellulose or varnish by manual or mechanical means, including the process of felting down and hand polishing, flatting and encaustic varnishing.

Including :

The necessary preparatory processes in connection with the work detailed in the foregoing paragraphs numbered 2 to 7 inclusive.

But excluding :

( a ) The veneering of wood, staining, enamelling, painting, japanning, lacquering, spraying and any other like operation if such operation be ancillary to and carried on in the same premises as any of the processes mentioned in the First Schedule to the Apprenticeship Act (Furniture Trade) Special Order, 1934.

( b ) All or any of the above-mentioned operations or processes when applied to the work of vehicle painting.