Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 1994.
Statutory Instruments
Source: Statutory Instruments

num: 148
paragraphs: 08
Workers of 17 years of age and under 18 years
num: 88
paragraphs: 85
Workers under 17 years of age ... ... ...
num: 74
paragraphs: 03
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 1.
PART II CONDITIONS OF EMPLOYMENT
NORMAL WORKING HOURS AND OVERTIME RATES
Section I:
( a ) The normal number of hours to be worked by workers in relation to whom the committee operates shall be as follows:—
Workers between 15 and 16 years of age: in any week not exceeding
Normal Hours
Maximum Hours
37½
40
Workers over 16 years of age: in any week not exceeding ... ...
Normal Hours
39
The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .
( 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:—
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-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 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 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 license 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".
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 . Those workers who do not have 20 days paid leave shall be granted a total of 20 days paid leave in the holiday year 1985 and thereafter. The additional days shall be taken at the discretion of the employer.
PART V SERVICE PAY
Workers who have been in continuous employment with the one employer to be granted service pay as follows:
Number of Years Employment
Service Pay
5
50p
10
£1.00
15
£1.50
20
£2.00
PART VI SERICE PAY (WORKERS ON MINIMUM RATES)
Only workers whose rates of pay are confined to the minimum basic rates specified in Part I Section I and who have been in continuous employment with the one employer to be granted service pay as follows:—
Number of Years Employment
Service Pay
5
£1.00p
10
£2.00
15
£2.50
20
£3.00
PART VII PENSION SCHEME
num: 1
paragraphs: 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.
num: 2
paragraphs: Death benefit of an amount equivalent to l½ years salary shall be provided for dependants on the death of a member in service before age 65.
num: 3
paragraphs: Full time permanent employees with two years continuous service aged 25 years and over and under 55 are eligible for membership of the scheme.
num: 4
paragraphs: 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 dependent relative or there should be provision of an equivalent nature for a dependent relative.
num: 5
paragraphs: Pensionable salary shall be the basic rate for the employee less an amount equivalent to twice the basic Social Welfare pension at the single persons' rate. Final pensionable salary shall be the average pensionable salary over three years prior to retirement.
num: 6
paragraphs: 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 2nd day of August, 1994.
(Signed) KEVIN HEFFERNAN,
Chairman.
EXPLANATORY NOTE.
This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 8th August, 1994 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.