41.—(1) The Minister may, by writing under his hand, request a Court to inquire and report to him —
(a)
whether it is desirable in the public interest that the operation of an award be extended so that it shall be binding on any person or trade union or any class or description of persons or of trade unions not already bound by the award, either with or without modifications; and
(b)
if so, upon what person or trade union or classes or descriptions of persons or of trade unions and, where applicable, with what modifications.
(2) Where a request is made to a Court under subsection (1), the Court shall inquire into and report to the Minister upon the questions set out in the request.
(3) The Court shall not report that it is desirable that the operation of an award be extended so as to be binding on any person or trade union or any class or description of persons or of trade unions unless it has —
(a)
caused to be published in the Gazette and in such other publications (if any) as it thinks fit a notification addressed to that person or trade union or that class or description of persons or of trade unions stating the questions into which the Court has been requested to inquire and specifying a time and place at which the Court will hear trade unions and persons interested and desiring to be heard; and
(b)
heard all interested trade unions and persons appearing or represented before it.
(4) Where the Court reports that in its opinion it is desirable that the operation of an award should be extended, there shall be included in the report a statement of the terms of a proposed order appropriate to give effect to the opinion of the Court.
(5) The Minister may, if he considers it desirable to do so, make an order in the terms proposed by the Court.
(6) An order made by the Minister under this section shall be published in the Gazette and subject to subsection (7) shall have effect as if it were an award.
(7) The Minister may at any time by notification in the Gazette revoke an order made under this section.