The Guarantee Payments (Exemption) (No. 19) Order 1979

Made: 2nd November 1979

Coming into Operation: 14th December 1979

Whereas the collective agreements listed in Schedule 1 to this Order make provision whereby employees to whom the said agreements relate have a right to guaranteed remuneration:

And whereas the parties to the said collective agreements (whose descriptions are set out in Schedule 2 to this Order) all made application to the Secretary of State under section 18(1) of the Employment Protection (Consolidation) Act 1978 (“the Act”):

And whereas the Secretary of State, having regard to the provisions of the collective agreements (which so far as are material are set out in Schedule 3 to this Order), is satisfied that section 12 of the Act should not apply to those employees:

And whereas the collective agreements comply with section 18(4) of the Act:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him as the appropriate Minister under section 18(1) of the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1

This Order may be cited as the Guarantee Payments (Exemption) (No. 19) Order 1979 and shall come into operation on 14th December 1979.

Interpretation

2

The “exempted agreements” mean the collective agreements which are listed in Schedule 1 to this Order.

Exemption

3

Section 12 of the Act shall not apply to any person who is an employee to whom the exempted agreements relate.

SCHEDULE 1 — THE COLLECTIVE AGREEMENTS

1

The Agreement of the National Joint Council for the Motor Vehicle Retail and Repair Industry on the pay, classification and working conditions of skilled and other employees.

2

The Agreement of the National Joint Council for the Motor Vehicle Retail and Repair Industry on the procedure for the avoidance of disputes and related matters.

SCHEDULE 2 — PARTIES TO THE COLLECTIVE AGREEMENTS

Representing employers

1

The Employers' Side of the National Joint Council for the Motor Vehicle Retail and Repair Industry (representing the Motor Agents' Association Limited and the Scottish Motor Trade Association Limited).

Representing employees

2

The Trade Union Side of the National Joint Council for the Motor Vehicle Retail and Repair Industry (represented by the Vehicle Building and Automotive Group of the Transport and General Workers Union, the Amalgamated Union of Engineering Workers (Engineering Section), the General and Municipal Workers Union, the Electrical Electronic Telecommunications and Plumbing Union and the National Union of Sheet Metal Workers, Coppersmiths, Heating and Domestic Engineers).

SCHEDULE 3 — MATERIAL PROVISIONS OF THE COLLECTIVE AGREEMENTS THE AGREEMENT ON THE PAY, CLASSIFICATION AND WORKING CONDITIONS OF SKILLED AND OTHER WORKERS

GUARANTEED PAY

4

Employees conditioned to a 40-hour week who have been continuously employed for not less than four calendar weeks shall be guaranteed not less than 40 hours of pay at their personal time rates (including, where appropriate, their shift premiums) and part-time employees conditioned to a week of fewer hours not less than the total of their prescribed weekly hours of work at their personal time rates

Signed

Signed by order of the Secretary of State.

Patrick Mayhew — Joint Parliamentary Under Secretary of State — Department of Employment — 2nd November 1979

Explanatory note

EXPLANATORY NOTE

This Order, which comes into operation on 14th December 1979, excludes from the operation of section 12 of the Employment Protection (Consolidation) Act 1978 employees to whom the Agreements of the National Joint Council for the Motor Vehicle Retail and Repair Industry on the pay, classification and working conditions of skilled and other workers and on the procedure for the avoidance of disputes and related matters relate.

Copies of the Agreements are available for inspection between 10 am and noon and between 2 pm and 5 pm on any weekday (except Saturdays) at the offices of the Department of Employment, Caxton House, Tothill Street, London SW1H 9NA.