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Amended Labour Relations Act
40. Establishment and registration of 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
40. Establishment and registration of statutory council
(1) If
the registrar is satisfied that the applicant meets the requirements
for the establishment of a statutory council, the registrar, by notice
in the Government Gazette, must establish the statutory council for a
sector and area.
(2) The
notice must invite-
(a) registered
trade unions and registered employers' organisations in that sector and
area to attend a meeting; and
(b) any
interested parties in that sector and area to nominate representatives
for the statutory council.
(3) The
Commission must appoint a commissioner to chair the meeting and
facilitate the conclusion of an agreement on-
(a) the
registered trade unions and registered employers' organisations to be
parties to the statutory council; and
(b) a
constitution that meets the requirements of section 30, read with the
changes required by the context.
(4) If
an agreement is concluded, the Minister may advise the registrar to
register the statutory council in accordance with the agreement if the
Minister is satisfied that-
(a) every
registered trade union and registered employers' organisation that
ought to have been included has been included in the agreement;
and
(b) the
constitution meets the requirements of section 30, read with the
changes required by the context.
(5) In
considering the requirements in subsection (4)(a), the Minister must
take into account-
(a) the
primary objects of this Act;
(b) the
diversity of registered trade unions and registered employers'
organisations in the sector and area; and
(c) the
principle of proportional representation.
(6) If
the Minister is not satisfied in terms of subsection (4), the Minister
must advise the Commission of the decision and the reasons for that
decision and direct the Commission to reconvene the meeting in terms of
subsection (3) in order to facilitate the conclusion of a new
agreement.
(7) If advised by the Minister in terms of subsection (4), the registrar must register the statutory council by entering its name in the register of councils.
9. The provisions of section 29 deal with the procedure for the registration of a bargaining council.
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