The Minister must make the regulations referred to in sections 42(2) and 45(2) in a manner that ensures that--
a) members appointed to represent employees are either--
i) all nominated by agreement between registered trade unions representing at least 75% of employees belonging to such trade unions in the mining industry; or
ii) failing agreement in terms of subparagraph (i)--
aa) at least half are persons nominated by a registered trade union or unions representing the majority of employees belonging to such trade unions in the mining industry; and
bb) the rest are persons nominated by registered trade unions and appointed in accordance with the significance of the trade unions concerned; and
b) members appointed to represent employers are either--
i) all nominated by agreement between employers' organisations whose members employ at least 75% of employees in the mining industry; or
ii) failing agreement in terms of subparagraph (i)--
aa) at least half are persons nominated by an employers' organisation or organisations whose members employ the majority of the employees in the mining industry; and
bb) the rest are persons nominated by employees' organisations and appointed in accordance with the significance of the organisations concerned.