S.I. No. 345/1977:

EMPLOYMENT REGULATION ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE) 1977.

EMPLOYMENT REGULATION ORDER (AERATED WATERS AND WHOLESALE BOTTLING JOINT LABOUR COMMITTEE) 1977.

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 (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1975 dated 4th December, 1975 ( S.I. No. 292 of 1975 ) (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 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 amending the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for 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), 1977.

(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 21st November, 1977 and as from that date the said Order shall be amended.

PART II.

CONDITIONS OF EMPLOYMENT.

NORMAL WORKING HOURS AND OVERTIME RATES.

SECTION I.-- ( a ) The normal number of hours to be worked in any week shall be 40 hours.

( 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 on 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 holidays if it had been a normal working day.

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 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 in so far as Double Time is payable under the provisions of paragraph (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 above Statutory Minimum 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 drink, 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, 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 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.

PART IV.

ANNUAL 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 .

PART V.

SERVICE PAY.

Male and Female Workers who have been in continuous employment with the one employer to be granted Service Pay as follows:

PART VI.

PENSION SCHEME.

1. Full pension will be 50% of final pensionable salary. Full pension to be earned at age 65 provided the employee had completed 40 years continuous service. Provision for early retirement will be made in accordance with the actuarial procedures.

2. Death benefit of an amount equivalent to 1 years salary shall be provided for dependants on the death of a member in service before age 65.

3. Full time permanent employees with two years continuous service aged 25 years and over and under 55 are eligible for membership of the scheme.

4. The pension from age 65 shall be payable for the lifetime of the employee with a guarantee that on the death of the member within five years of normal retiring age, member's pension would continue for the balance of five years to a dependents relative or there should be provision of an equivalent nature for a dependent relative.

5. Pensionable salary shall be the basic rate for the employee less an amount equivalent to twice the basic social welfare pension at the single person's rate. Final pensionable salary shall be the average pensionable salary over three years prior to retirement.

6. The foregoing shall be subject to a review in the event of the introduction of pay-related state pension scheme.

GIVEN under the Official Seal of the Labour Court this 16th day of November, 1977.

(Signed) JAMES G. McCAULEY.

A person authorised under Section 18 of the Industrial

Relations Act, 1946, to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument regulates statutory conditions of Employment as from 21st November, 1977 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.