Cotton Manufacturing Industry (Temporary Provisions) Act 1934



Cotton Manufacturing Industry (Temporary Provisions) Act, 1934.

(24 & 25 Geo. 5.) CHAPTER 30.

An Act to make temporary provision for enabling statutory effect to be given to rates of wages agreed between representative organisations in the cotton manufacturing industry; and for purposes connected with the matter aforesaid.

[28th June 1934]

B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Applications for orders and proceedings thereon.

1 Applications for orders and proceedings thereon.

(1) If an organisation of employers in the cotton manufacturing industry (hereinafter referred to as ‘the industry’) and an organisation of persons employed in the industry make to the Minister of Labour (hereinafter referred to as ‘the Minister’) in the prescribed manner a joint application for the making of an order with respect to any agreement made between the organisations as to the rates of wages to be paid to persons employed in the industry of any class or description specified in the agreement, the Minister shall, unless he is satisfied that the organisations do not respectively represent the employers controlling the majority of the looms in the industry and the majority of the persons employed in the industry of the grade or grades which will, if such an order is made, be affected by the rates of wages provided for by the agreement, appoint a board to consider the application and report to him thereon.

(2) Any organisations making an application under this section shall, in the prescribed manner, give notice of the application, of the places where copies of the agreement with respect to which the application is made may be obtained free of charge, and of the time within which written objections to the application or to the making of an order thereon must be sent to the Minister.

(3) The board appointed to consider any application made under this section shall inquire whether the organisations which are parties to the agreement in respect of which the application was made were at the date of the making of the application representative respectively of the employers controlling the majority of the looms in the industry and the majority of the persons employed in the industry of the grade or grades which will, if an order is made, be affected by the rates of wages provided for by the agreement, and, if the board is of opinion that either organisation was not so representative, the board shall forthwith report that opinion to the Minister and no further proceedings shall be taken with respect to the application.

(4) If the board is satisfied that the said organisations were so representative as aforesaid, the board shall inquire whether it is expedient that an order be made under this Act, and shall, as soon as possible, make to the Minister its report which, however, shall not contain a recommendation that such an order be made unless the board is unanimous in making that recommendation.

S-2 Making of orders.

2 Making of orders.

(1) If the report of the board appointed to consider any application made under the last foregoing section with respect to any agreement contains a unanimous recommendation that an order be made bringing into force, as respects all persons employed in the industry of the class or description to which the agreement relates, the rates of wages provided for by the agreement, the Minister may make such an order.

(2) An order made under this section shall set out the rates of wages thereby brought into force, and any provisions of the agreement as to the conditions for earning or the method of calculating such wages, and the order may contain such further provisions, if any, as the Minister considers necessary for making plain who are the employers and the employed persons affected by the rates of wages brought into force by the order, but, save as aforesaid, no such order shall modify the terms of the agreement.

S-3 Effect of orders.

3 Effect of orders.

3. Where an order made under the last foregoing section is in operation—

a ) it shall be a term of the contract between every person employed in the industry as respects whom a rate of wages is provided for by the order and his employer that the employer shall pay to the person employed wages at a rate not less than the rate applicable in his case under the order;
b ) if any employer pays to a person employed in the industry, as respects whom a rate of wages is provided for by the order, wages at a rate less than the rate applicable in his case under the order, the employer shall (without prejudice to any proceedings...

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