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Amended Labour Relations Act

by lloyd last modified 2010-08-26 03:25

75. Maintenance services

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 4 : Strikes and lock-outs


75. Maintenance services

(1)           A service is a maintenance service if the interruption of that service has the effect of material physical destruction to any working area, plant or machinery.

 

(2)           If there is no collective agreement relating to the provision of a maintenance service, an employer may apply in writing to the essential services committee for a determination that the whole or a part of the employer's business or service is a maintenance service.

 

(3)           The employer must satisfy the essential services committee that a copy of the application has been served on all interested parties.

 

(4)           The essential services committee must determine, as soon as possible, whether or not the whole or a part of the employer’s business or service is a maintenance service.

 

(5)           As part of its determination in terms of subsection (4), the essential services committee may direct that any dispute in respect of which the employees engaged in a maintenance service would have had the right to strike, but for the provisions of section 65(1)(d)(ii), be referred to arbitration.

 

(6)           The committee may not make a direction in terms of subsection (5) if –

 

(a) the terms and conditions of employment of the employees engaged in the maintenance service are determined by collective bargaining; or

 

(b) if the number of employees prohibited from striking because they are engaged in the maintenance service does not exceed the number of employees who are entitled to strike.

 

(7)           If a direction in terms of subsection (5) requires a dispute to be resolved by arbitration –

 

(a) the provisions of section 74 will apply to the arbitration; and

 

(b) any arbitration award will be binding on the employees engaged in the maintenance service and their employer, unless the terms of the award are varied by a collective agreement.


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