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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VII : Dispute Resolution

Part B : Accreditation of and Subsidy to Councils and Private Agencies

127. Accreditation of councils and private agencies

 

 

(1) Any council or private agency may apply to the governing body in the prescribed form for accreditation to perform any of the following functions—
(a) resolving disputes through conciliation; and
(b) arbitrating disputes that remain unresolved after conciliation, if this Act requires arbitration.

 

(2) For the purposes of this section, the reference to disputes must be interpreted to exclude disputes as contemplated in—
(a) sections 16 , 21 and 22; 28
(b) section 24(2) to (5);29
(c) section 24(6) and (7) and section 26(11); 30
(d) section 45; 31
(e) section 61(5) to (8); 32
(f) section 62; 33
(g) section 63; 34
(h) section 69(8) to (10); 35
(i) section 86; 36
(j) section 89; 37
(k) section 94; 38

 

(3) The governing body may require further information in support of the application and, for that purpose, may require the applicant to attend one or more meetings of the governing body.

 

(4) The governing body may accredit an applicant to perform any function for which it seeks accreditation, after considering the application, any further information provided by the applicant and whether—
(a) the services provided by the applicant meet the Commission's standards;
(b) the applicant is able to conduct its activities effectively;
(c) the persons appointed by the applicant to perform those functions will do so in a manner independent of the State, any political party, trade union, employer, employers' organisation, federation of trade unions or federation of employers' organisations;
(d) the persons appointed by the applicant to perform those functions will be competent to perform those functions and exercise any associated powers;
(e) the applicant has an acceptable code of conduct to govern the persons whom it appoints to perform those functions;
(f) the applicant uses acceptable disciplinary procedures to ensure that each person it appoints to perform those functions will subscribe, and adhere, to the code of conduct; and
(g) the applicant promotes a service that is broadly representative of South African society.
(h) [Paragraph (h) deleted by Labour Relations Amendment Act, 1996, Act No 42 of 1996].

 

(5) If the governing body decides—
(a) to accredit the applicant, the governing body must—
(i) enter the applicant's name in the register of accredited councils or the register of accredited agencies;
(ii) issue a certificate of accreditation in the applicant's name stating the period and other terms of accreditation;
(iii) send the certificate to the applicant; and
(iv) [Paragraph (iv) deleted by the Labour Relations Amendment Act, 2002]
(b) not to accredit the applicant, the governing body must advise the unsuccessful applicant in writing of its decision.

 

(5A) The governing body must annually publish a list of accredited councils and accredited agencies

 

(6) The terms of accreditation must state the extent to which the provisions of each section in Part C of this Chapter apply to the accredited council or accredited agency.

 

(7)

(a) Any person may inspect the registers and certificates of accredited councils and accredited agencies kept in the Commission's offices.
(b) The Commission must provide a certified copy of, or extract from, any of the documents referred to in paragraph (a) to any person who has paid the prescribed fee.

 

28 These sections deal with disputes about organisational rights.
29 These subsections deal with disputes about collective agreements where the agreement does not provide for a procedure, the procedure is inoperative or any party frustrates the resolution of the dispute.
30 These subsections deal with disputes about agency shops and closed shops.
31 This section deals with disputes about determinations made by the Minister in respect of proposals made by a statutory council.
32 These subsections deal with disputes about the interpretation or application of collective agreements of a council whose registration has been cancelled.
33 This section deals with disputes about the demarcation of sectors and areas of councils.
34 This section deals with disputes about the interpretation or application of Parts C to IF of Chapter Ill. Part C deals with bargaining councils, Part D with bargaining councils in the public service, Part E with statutory councils and Part IF with general provisions concerning councils.
35 This section concerns disputes about pickets during strikes and lock outs.
36 This section deals with disputes about proposals that are the subject of joint decision-making.
37 This section deals with disputes about the disclosure of information to workplace forums.
38 This section deals with disputes about the interpretation or application of Chapter V which deals with workplace forums.