Amended Labour Relations Act
37. Bargaining councils in sectors in public service
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 D : Bargaining Councils in the Public Service
37. Bargaining councils in sectors in public service
(1) The
Public Service Co-ordinating Bargaining Council may, in terms of its
constitution and by resolution -
(a) designate
a sector of the public service for the establishment of a bargaining
council; and
(b) vary the
designation of, amalgamate or disestablish bargaining councils so
established.
(1) A
bargaining council for a sector designated in terms of subsection
(1)(a) must be established in terms of the constitution of the Public
Service Co-ordinating Bargaining Council.
(2) If
the parties in the sector cannot agree to a constitution for the
bargaining council for a sector designated in terms of subsection
(1)(a), the Registrar must determine its constitution
(3) The
relevant resolution made in terms of subsection (1) must accompany any
application to register or vary the registration of a bargaining
council or to register an amalgamated bargaining council.
(4) A bargaining council established in terms of subsection (2) has exclusive jurisdiction in respect of matters that are specific to that sector and in respect of which the State as employer in that sector has the requisite authority to conclude collective agreements and resolve labour disputes.
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