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ower of Ministry to establish wages councils. A> 1. (1) Subject to the
provisions of this Part of this Act, the Ministry of Labour{2} (in this Act
referred to as ""the Ministry'') may by order establish a wages council to
perform, in relation to the workers described in the order and their
employers, the functions specified in the subsequent provisions of this Act.
B>(2) An order establishing a wages council (hereafter in this Act referred to
as a "" wages council order'') may be made by the Ministry either C >>( a ) if
it is of opinion that no adequate machinery exists for the effective
regulation of the remuneration of the workers described in the order and that,
having regard to the remuneration existing amongst those workers, or any of
them, it is expedient that such a council should be established; or C >>( b )
in the circumstances hereafter in this Act specified, in pursuance of a
wages council recommendation made in accordance with the subsequent provisions
of this Part of this Act. >Applications for wages council orders and reference
to the Agency. A> 2. (1) An application for the establishment of a
wages council with respect to any workers and their employers may be made to
the Ministry either C >>( a ) by a joint industrial council, conciliation
board or other similar body constituted by organisations representative
respectively of those workers and their employers; or C >>( b ) jointly by any
organisation of workers and any organisation of employers which claim to be
organisations that habitually take part in the settlement of remuneration and
conditions of employment for those workers; Bon the ground, in either case,
that the existing machinery for the settlement of remuneration and conditions
of employment for those workers is likely to cease to exist or be adequate for
that purpose. B>(2) Subject to the provisions of this and the next succeeding
sub-section, where such an application as aforesaid is made to the Ministry,
the Ministry shall C >>( a ) if it is satisfied, in the case of an application
under paragraph ( b) of the preceding sub-section, that the claim of the
organisations habitually to take part in the settlement of remuneration and
conditions of employment for those workers is well-founded and, in any case,
that there are sufficient grounds to justify the reference of the application
to [{3}the Agency], refer the application to [{3}the Agency] to inquire into
and report on the application; or C >>( b ) if it is not so satisfied, notify
the applicants to that effect, in which case no further steps shall be taken
on the application unless and until the Ministry is so satisfied by fresh
facts brought to its notice: B>Provided that before taking either of the said
courses, the Ministry may require the applicants to furnish such information,
if any, in relation to the application as it considers necessary. B>(3) If, on
considering an application under sub-section (1) of this section, it appears
to the Ministry either C >>( a ) that there is a joint industrial council,
conciliation board or other similar body constituted by organisations of
workers and organisations of employers, being a council, board or body which
would or might be affected by the establishment of a wages council in
pursuance of the application; or C >>( b ) that there are organisations of
workers and organisations of employers representative respectively of workers
other than workers to whom the application relates and their employers, who
would or might be affected by the establishment of a wages council as
aforesaid; Bbeing a council, board or body, or, as the case may be,
organisations, which are parties to joint voluntary machinery for the
settlement of remuneration and conditions of employment but are not parties to
the application for a wages council, the Ministry before deciding to refer the
application to [{3}the Agency], shall give notice of the application to that
council, board or body or, as the case may be, to those organisations, and
shall consider any observations in writing which may be submitted to the
Ministry by them within such period as it may direct, not being less than one
month from the date of the notice, and the Ministry, if it decides to refer
the application to [{3}the Agency], shall transmit a copy of the observations
to [{3}the Agency]. B>(4) If, before an application is referred to [{3}the
Agency], it is withdrawn by the applicants, no further proceedings shall be
had thereon. >References to the Agency without application for wages council
order. A> 3. Without prejudice to the provisions of the last preceding
section, the Ministry, if it considers that no adequate machinery exists for
the effective regulation of the remuneration of any workers or that the
existing machinery is likely to cease to exist or be adequate for that purpose
and a reasonable standard of remuneration amongst those workers will not be
maintained, may, without any such application as is mentioned in that section,
refer to [{3}the Agency] the question whether a wages council should be
established with respect to any of those workers and their employers.
>Proceedings on references to the Agency. A> 4. (1) Where the Ministry makes a
reference to [{3}the Agency] under either of the two last preceding sections,
it shall be the duty of [{3}the Agency] to consider not only the subject
matter of the reference but also any other question or matter which, in the
opinion of [{3}the Agency], is relevant thereto, and in particular to consider
whether there are any other workers (being workers who, in the opinion of
[{3}the Agency], are engaged in work which is complementary, subsidiary or
closely allied to the work performed by the workers specified in the reference
or any of them) whose position should be dealt with together with that of the
workers, or some of the workers, specified as aforesaid; and, in relation to
any such reference to [{3}the Agency], any reference in this Part of this Act
to the workers with whom [{3}the Agency] is concerned shall be construed as a
reference to the workers specified as aforesaid and any such other workers as
aforesaid. B>(2) If [{3}the Agency] is of opinion with respect to the workers
with whom it is concerned or any of those workers whose position should, in
the opinion of [{3}the Agency], be separately dealt with C >>( a ) that there
exists machinery set up by agreement between organisations representing
workers and employers respectively which is, or which can, by improvements
which it is practicable to secure, be made, adequate for regulating the
remuneration and conditions of employment of those workers; and C >>( b ) that
there is no reason to believe that that machinery is likely to cease to exist
or be adequate for that purpose; B[{3}the Agency] shall report to the Ministry
accordingly and may include in its report any suggestions which it may think
fit to make as to the improvement of that machinery. B>(3) Where any such
suggestions are so included, the Ministry shall take such steps as appear to
it to be expedient and practicable to secure the improvements in question.
B>(4) If [{3}the Agency] is of opinion with respect to the workers with whom
it is concerned or any of those workers whose position should, in the opinion
of [{3}the Agency], be separately dealt with C >>( a ) that machinery for
regulating the remuneration and conditions of employment of those workers is
not, and cannot, by any improvements which it is practicable to secure, be
made adequate for that purpose, or does not exist; or C >>( b ) that the
existing machinery is likely to cease to exist or be adequate for that
purpose; Band that as a result a reasonable standard of remuneration amongst
those workers is not being or will not be maintained, [{3}the Agency] may make
a report to the Ministry embodying a recommendation (in this Act referred to
as a "" wages council recommendation'') for the establishment of a
wages council in respect of those workers and their employers. B>(5) Where the
Ministry receives a wages council rec [{3}the Agency] shall consider not only
what matters are capable of being dealt with by that machinery, but also to
what extent those matters are covered by the agreements or awards arrived at
or given thereunder, and to what extent the practice is, or is likely to be,
in accordance with those agreements or awards. >Making of wages council
orders. A> 5. (1) Before making a wages council order, whether in pursuance of
a wages council recommendation or not, the Ministry shall publish, in the
prescribed manner, notice of its intention to make the order, specifying a
place where copies of a draft thereof may be obtained and the time, which
shall not be less than twenty-one days from the date of the publication,
within which any objection made with respect to the draft order must be sent
to the Ministry. B>(2) Every objection so made must be in writing and must
state C >>( a ) the specific grounds of objection; and C >>( b ) the
omissions, additions or modifications asked for; Band the Ministry shall
consider any such objection made by or on behalf of any person appearing to it
to be affected, being an objection sent to the Ministry within the time
specified in the notice, but shall not be bound to consider any other
objection. B>(3) If there are no objections which the Ministry is required by
the last preceding sub-section to consider or if, after considering all such
objections, the Ministry is of opinion that all those objections either C >>(
a ) in the case of an order to be made in pursuance of a wages council
recommendation, were made to [{3}the Agency]
which made the recommendation and were expressly dealt with in the report
embodying that recommendation; or
(b)in any case, will be met by modifications which the Ministry proposes to
make under this sub-section or are frivolous;
(4) Where the Ministry does not proceed under the last preceding sub-section
it may, if it thinks fit, either
(a)amend the draft order, in which case all the provisions of this section
shall have effect in relation to the amended draft order as they have effect
in relation to an original draft order; or
(b)refer the draft order to [the Agency] for inquiry and report, in which case
the Ministry shall consider the report of [the Agency] and may then, if it
thinks fit, make an order either in the terms of the draft or with such
modifications as it thinks fit.
(5) Where the Ministry makes a wages council order, it shall publish it in the
prescribed manner, together with the report of [the Agency] relating to the
order, and the order shall come into operation on the date on which it is so
published or on such later date as is specified in the order.
© 1945 Crown Copyright
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