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Amended Labour Relations Act
44. Ministerial determinations
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
44. Ministerial determinations
(1) A
statutory council that is not sufficiently representative within its
registered scope may submit a collective agreement on any of the
matters mentioned in section 43(1)(a), (b) or (c) to the Minister. The
Minister must treat the collective agreement as a recommendation made
by the Employment Conditions Commission in terms of section 54(4) of
the Basic Conditions of Employment Act.
(2) The
Minister may promulgate the statutory council's recommendations as a
determination under the Basic Conditions of Employment Act if
satisfied that the statutory council has complied with section 54(3) of
the Basic Conditions of Employment Act, read with the changes required
by the context.
(3) The
determination must provide for -
(a) exemptions
to be considered by an independent body appointed by the Minister;
and
(b) criteria
for exemption that are fair and promote the primary objects of this
Act.
(4) The
Minister may in a determination impose a levy on all employers and
employees in the registered scope of the statutory council to defray
the operational costs of the statutory council.
(5) A statutory council may submit a proposal to the Minister to amend or extend the period of any determination and the Minister may make the amendment to the determination or extend the period by notice in the Government Gazette.
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