Employment Protection Act 1975

PART II Collectively Negotiated Terms and Conditions in Certain Industries

15 A claim may be reported to the Service under this paragraph by an independent trade union as respects any worker who is a member of that trade union and who falls within the field of operation of a wages council, a statutory joint industrial council, the Agricultural Wages Board or the Scottish Agricultural Wages Board—

(a) that the union is a party to one or more collective agreements and that those agreements cover a significant number of establishments within the field of operation of that council or Board either generally or in the district in which the worker is employed ; and

(b) that in those establishments the circumstances of the employer are similar to those of the employer of the worker in question; and

(c) that the employer is paying him less than the lowest current , rate of remuneration (disregarding any rate agreed to more than 12 months before the date on which the claim was reported) payable to workers of his description under any of those agreements.

16 The provisions of paragraphs 7, 8 and 10 to 14 above shall apply to a claim under paragraph 15 above—

(a) as if for any reference to the recognised terms and conditions there were substituted a reference to the rate of remuneration referred to in paragraph 15(c) above ;

(b) as if references to the general level of terms and conditions were omitted; and

(c) as if the reference in paragraph 12(a) to Part I of this Schedule were a reference to Part II of this Schedule and so much of Part I as is thereby applied.