S.I. No. 206/1974:

EMPLOYMENT REGULATION ORDER (GENERAL WASTE MATERIALS RECLAMATION JOINT LABOUR COMMITTEE) 1974.

EMPLOYMENT REGULATION ORDER (GENERAL WASTE MATERIALS RECLAMATION JOINT LABOUR COMMITTEE) 1974.

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 (General Waste Materials Reclamation Joint Labour Committee), 1973, dated 28th June, 1973 ( S.I. No. 176 of 1973 ) (hereinafter called "the said Order") fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the General Waste Materials Reclamation 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 (General Waste Materials Reclamation Joint Labour Committee), 1974.

(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 1st July, 1974, and as from that date the said Order shall be revoked.

SCHEDULE

PART I

General Minimum Time Rates for all workers

SECTION 1.--

SECTION II--

*This rate shall be payable to workers of 18 years or over irrespective of experience.

Cost-of-Living "Threshold"provision: If during the period mid-November, 1973 to mid-November, 1974 the Consumer Price Index rises by more than 10% the basic pay of Employees shall be increased by 1% for every 1% rise in the Index over 10%--the increase is payable from the 31st March, 1975.

Note: For the purpose of calculating the General Minimum Time-Rate payable to a worker in respect of each hour of employment the appropriate weekly rate set out above should be divided by 40.

PART II

Normal Working Hours and Overtime Rates

SECTION I--

( a ) The normal working week shall be one of five days.

( b ) The normal hours of work in any week shall be 40 hours.

PROVIDED THAT--

(I) All time worked on Saturday, Sunday and Customary Public or Statutory Holidays shall be regarded as Overtime to which the Overtime rates shall apply.

(II) The Overtime Rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours for the week.

(III) The Overtime Rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week except insofar as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

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 declared normal number of hours of work shall be as follows:--

( a ) For the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-quarter times the Minimum Rate otherwise applicable, i.e. Time-and-a quarter.

( b ) For Overtime after the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-half times the Minimum Rate otherwise applicable, i.e. Time-and-a-half.

( c ) For all hours worked on Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be twice the Minimum Rate otherwise applicable, i.e. Double Time.

( d ) For all hours worked in any week in excess of the declared normal number of hours for the week, the Overtime Rate shall be time-and-a-quarter except insofar as higher Overtime Rates are payable under the provisions of paragraphs (b) and (c) of this Section.

PART III

Annual Holidays

1. A worker in relation to whom the Committee operates and who qualified for annual leave under the Holidays (Employees) Act, 1961 shall be granted three weeks annual leave.

2. Payment in respect of additional annual leave shall be calculated in the same manner as payment in respect of annual leave under section 10 of the Holidays (Employees) Act, 1961 .

3. One of the three weeks annual leave may be granted at such time as may be agreed between the worker and the employer, the other two weeks to be granted at the normal holiday period of the firm.

PART IV

Workers in relation to whom the Committee operates.

The above minimum rates of wages shall apply, subject to the provisions of the Industrial Relations Act, 1946 , to all workers in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Waste Materials Reclamation) Order, 1920 that is to say:--

1. The collecting, sorting or grading of the following materials:-- Rags; waste paper; paper stock; woollen worsted; cotton jute; flax; hemp or other textile waste; textile clippings or cuttings; used bags; sacks or sacking; scrap rubber; scrap iron or other scrap metal; fur cuttings; rabbit skins; bones or fat; used tins; broken glass or earthenware.

2. The collecting, sorting or grading of the following articles when collected, sorted or graded in association with or in conjunction with the collecting, sorting or grading of the waste materials specified above:--

Discarded clothing (including head-gear or foot-gear); discarded textile articles; old ropes; used bottles or used jars.

3. The following operations when carried on in association with or in conjunction with the collecting, sorting or grading of any or all of the waste materials specified in (1) above:--

The ripping of worn clothes for rags; the picking of old ropes; the trimmings of paper salvage; the washing of used bottles or used jars; the washing of used tins; the breaking of scrap metal; the drying of rabbit skins; the making or repairing of sacks or bags; the willowing, pulling, scouring, carbonising or putting down mixings of textile waste.

4. The operations of receiving, packing, compressing, teagling, craning, despatching or warehousing when carried on in association with or in conjunction with any of the above-mentioned operations; but excluding;

( a ) any of the above-mentioned operations when carried on in the establishments in which the waste materials are produced, or in which they are used as raw materials for further manufacture;

( b ) the making or repairing of sacks or bags when carried on in a factory or workshop engaged solely or mainly in the making or repairing of sacks or bags;

( c ) the collecting, sorting, grading or drying of rabbit skins when carried on in an establishment in which such operations are the main or principal business or when carried on in or in association with or in conjunction with any business, establishment, branch or department engaged in the manufacture of hatters' fur;

( d ) (i) the collecting, sorting or grading of cotton waste when carried on in an establishment in which such operations are the main or principal business;

(ii) any of the operations included in paragraphs 1, 2, 3 and 4 above, other than operations specified in paragraph (d) (i) above, when carried on in or in association with or in conjunction with any establishment of the kind specified in sub-paragraph (i) above.

PART V

In the case of workers employed on piece-work, each piece rate must be such as will yield in the circumstances of the case to an ordinary worker, not less than the appropriate statutory minimum remuneration. In determining whether any piece-rate satisfies this condition regard must be had only to the earnings of ordinary workers, i.e. workers of ordinary skill and experience in the class of work in question and not to the earnings of workers of less than ordinary skill and experience e.g. learners and infirm workers.

GIVEN under the Official Seal of the Labour Court this 28th day of June, 1974.

(Signed) D. MacDIARMADA,

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 minimum rates of pay and regulates conditions of employment for workers employed in the General Waste Materials Reclamation Trade, as from 1st July, 1974. It is made by the Labour Court on the recommendation of the General Waste Materials Reclamation Joint Labour Committee.