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Amended Labour Relations Act
49. Representativeness of 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 F : General Provisions Concerning Councils
49. Representativeness of council
(1) When
considering the representativeness of the parties to a council, or
parties seeking registration of a council, the registrar, having regard
to the nature of the sector and the situation of the area in respect of
which registration is sought, may regard the parties to a council as
representative in respect of the whole area, even if a trade union or
employers' organisation that is a party to the council has no members
in part of that area.
(2) A
bargaining council, having a collective agreement that has been
extended by the Minister in terms of section 32, must inform the
registrar annually, in writing, on a date to be determined by the
registrar, as to the number of employees who are –
(a) covered by
the collective agreement;
(b) members of
the trade unions that are parties to the agreement;
(c)
employed by members of the employers’ organisations that are party to
the agreement.
(3) A
bargaining council must, on request by the registrar, inform the
registrar in writing within the period specified in the request as to
the number of employees who are -
(a) employed
within the registered scope of the council;
(b) members of
the trade unions that are parties to the council;
(c)
employed by members of the employers’ organisations that are party to
the council.
(4) A
determination of the representativeness of a bargaining council in
terms of this section is sufficient proof of the representativeness of
the council for the year following the determination.
(1) This section does not apply to the public service.
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