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Amended Labour Relations Act

by lloyd last modified 2010-08-25 09:49

28. Powers and functions of bargaining council

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 3 : Collective Bargaining


Part C : Bargaining Councils


28. Powers and functions of bargaining council

(1)           The powers and functions of a bargaining council in relation to its registered scope include the following-

(a)          to conclude collective agreements;

(b)          to enforce those collective agreements;

(c)           to prevent and resolve labour disputes;

(d)          to perform the dispute resolution functions referred to in section 51;

(e)          to establish and administer a fund to be used for resolving disputes;

(f)            to promote and establish training and education schemes;

(g)          to establish and administer pension, provident, medical aid, sick pay, holiday, unemployment and training schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the bargaining council or their members;

(h)          to develop proposals for submission to NEDLAC or any other appropriate forum on policy and legislation that may affect the sector and area;

(i)            to determine by collective agreement the matters which may not be an issue in dispute for the purposes of a strike or a lock-out at the workplace; and

(j)            to confer on workplace forums additional matters for consultation;

(k)          to provide industrial support services within the sector; and

(l)            to extend the services and functions of the bargaining council to workers in the informal sector and home workers.

(1)           From the date on which the Labour Relations Amendment Act, 1998, comes into operation, the provisions of the laws relating to pension, provident or medical aid schemes or funds must be complied with in establishing any pension, provident or medical aid scheme or fund in terms of subsection (1)(g)

(2)           The laws relating to pension, provident or medical aid schemes or funds will apply in respect of any pension, provident or medical aid scheme or fund established in terms of subsection (1)(g) after the coming into operation of the Labour Relations Amendment Act, 1998.


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