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Amended Labour Relations Act
39. Application to establish statutory council
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 E : Statutory Councils
39. Application to establish statutory council
(1)
For the purposes of this Part-
(a)
"representative trade union" means a registered trade union, or two or
more registered trade unions acting jointly, whose members constitute
at least 30 per cent of the employees in a sector and area; and
(b)
"representative employers' organisation" means a registered employers'
organisation, or two or more registered employers' organisations acting
jointly, whose members employ at least 30 per cent of the employees in
a sector and area.
(2) A
representative trade union or representative employers' organisation
may apply to the registrar in the prescribed form for the establishment
of a statutory council in a sector and area in respect of which no
council is registered.
(3) The
registrar must apply the provisions of section 29(2) to
(10)9 to the application-
(a) read with
the changes required by the context; and
(b) subject to
the deletion of the word "sufficiently" in section 29(4)(c).
(4) The
registrar must-
(a) consider
the application and any further information provided by the applicant;
and
(b) determine
whether-
(i)
the applicant has complied with section 29 and of this section;
(ii) the
applicant is representative of the sector and area determined by NEDLAC
or the Minister; and
(iii) there is
no other council registered for the sector and area in respect of which
the application is made.
(5) If
the registrar is not satisfied that the applicant meets the
requirements for establishment, the registrar must-
(a) send the
applicant a written notice of the decision and the reasons for that
decision; and
(b) in that
notice, inform the applicant that it has 30 days from the date of the
notice to meet those requirements.
(6) If,
after the 30-day period, the registrar concludes that the applicant has
failed to meet the requirements for establishment, the registrar
must-
(a) refuse to
register the applicant; and
(b) notify the applicant and any person that objected to the application in writing of that decision.
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