Restoration of Pre-War Trade Practices Act 1942
| Jurisdiction | UK Non-devolved |
Restoration of Pre-War Trade Practices Act, 1942
(5 & 6 Geo. 6.) CHAPTER 9.
An Act to make provision with respect to the restoration after the war period of trade practices obtaining before that period.
[26th February 1942]
Be 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:—
1 Restoration of pre-war practices.
(1) Where during the war period (whether before or after the commencement of this Act) any trade practice obtaining immediately before that period in any undertaking has been departed from in that undertaking, the employer shall, subject to the provisions of this Act, be under an obligation—
(a ) to restore or permit the restoration of the trade practice before the expiration of two months from the end of the war period; and
(b ) to maintain or permit the continuance of the trade practice for eighteen months from the date when the restoration is effected or the end of the war period, whichever is the later.
(2) Where any undertaking or any branch of an undertaking began to be carried on during the war period (whether before or after the commencement of this Act), the employer shall, subject to the provisions of this Act, be under an obligation—
(a ) before the expiration of two months from the end of that period, to introduce, or permit the introduction of, such trade practices as obtained immediately before that period in undertakings or branches of undertakings carried on in circumstances most nearly analogous to those of the undertaking or branch in question; and
(b ) to maintain, or permit the continuance of, such trade practices for eighteen months from the date when their introduction is effected or the end of the war period, whichever is the later.
(3) Where, with a view to accelerating the production of munitions of war, any trade practice obtaining in an undertaking on the thirtieth day of April, nineteen hundred and thirty-nine, was departed from after that date and before the beginning of the war period in pursuance or in consequence of a written agreement between an organisation of employers and a trade union, subsection (1) of this section shall apply as if the trade practice had obtained in the undertaking immediately before the war period and had been departed from in the undertaking during that period.
For the purpose of this subsection, the expression ‘munitions of war’ includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine, intended or adapted for use in war, and any other article, material or device intended for such use.
2 Agreements for modification of obligation to restore practices.
(1) An agreement may be made in writing as respects any undertaking or branch thereof between—
(a ) the employer, an organisation of employers of which he is a member, or an association of which such an organisation is a member; and
(b ) a trade union whose custom it was before the war period to maintain a trade practice in that undertaking or branch or in other undertakings or branches of under-takings carried on in circumstances analogous to those of that undertaking or branch, or an association of which such a trade union is a member;
providing for the modification or waiver of the obligation imposed by section one of this Act in relation to that trade practice, or for the reference to arbitration of the question whether the said obligation should be modified or waived:
Provided that no agreement shall be deemed to have been duly made under this subsection unless, before the making thereof, an opportunity of making representations with respect to its terms was given, by the employer, organisation of employers, or association of organisations of employers by whom or by which it was made, to every trade union which was a party to any agreement in writing in pursuance whereof the trade practice was departed from in the undertaking.
(2) Where an agreement has been duly made under the foregoing subsection in relation to any trade practice, or an award has been made in pursuance of such an agreement, the employer shall, so long as he complies with the terms of the agreement or award, be deemed to have discharged the obligation imposed by the said section one in relation to that practice.
(3) The Industrial Court shall have power to deal with any question referred to it in pursuance of an agreement duly made under subsection (1) of this section.
(4) In this section the expression ‘trade union’ does not include a combination of which one of the principal objects is the regulation of relations between masters and masters.
3 Settlement of questions.
(1) If any question arises as respects any undertaking whether—
(a ) any obligation has been imposed on the employer by section one of this Act in relation to any trade practice; or
(b ) the employer has discharged any obligation so imposed;
that question may be reported to the Minister by any organisation of employers or trade union which in the opinion of the Minister habitually takes part in the settlement of wages and working conditions in the trade or industry in question.
(2) Where a question is reported to the Minister under this section, he shall deal with it in accordance with the following provisions:—
(a ) if in his opinion suitable provisions already exist for the settlement of the question by virtue of any agreement to which the parties are any such organisation of employers and any such trade union as aforesaid, he shall refer the question for settlement in accordance with those provisions;
(b ) if in his opinion no such provisions exist, he shall either refer the question to arbitration in accordance with the next following section or take such other steps as appear to him to be expedient for settling it;
(c ) where an attempt has been made to settle the question under either of...
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