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

Chapter III : Collective Bargaining

Part C : Bargaining Councils

29. Registration of bargaining councils

 

 

(1) The parties referred to in section 27 may apply for registration of a bargaining council by submitting to the registrar—
(a) the prescribed form that has been properly completed;
(b) a copy of its constitution; and
(c) any other information that may assist the registrar to determine whether or not the bargaining council meets the requirements for registration.

 

(2) The registrar may require further information in support of the application.

 

(3) As soon as practicable after receiving the application, the registrar must publish a notice containing the material particulars of the application in the Government Gazette and send a copy of the notice to NEDLAC. The notice must inform the general public that they—
(a) may object to the application on any of the grounds referred to in subsection (4); and
(b) have 30 days from the date of the notice to serve any objection on the registrar and a copy on the applicant."; and

 

(4) Any person who objects to the application must satisfy the registrar that a copy of the objection has been served on the applicant and that the objection is on any of the following grounds—
(a) the applicant has not complied with the provisions of this section;
(b) the sector and area in respect of which the application is made is not appropriate;
(c) the applicant is not sufficiently representative in the sector and area in respect of which the application is made.

 

(5) The registrar may require further information in support of the objection.

 

(6) The applicant may respond to an objection within 14 days of the expiry of the period referred to in subsection (3)(b), and must satisfy the registrar that a copy of that response has been served on the person who objected.

 

(7) The registrar, as soon as practicable, must send the application and any objections, responses and further information to NEDLAC to consider.

 

(8) NEDLAC, within 90 days of receiving the documents from the registrar, must—
(a) consider the appropriateness of the sector and area in respect of which the application is made;
(b) demarcate the appropriate sector and area in respect of which the bargaining council should be registered; and
(c) report to the registrar in writing.

 

(9) If NEDLAC fails to agree on a demarcation as required in subsection (8)(b), the Minister must demarcate the appropriate sector and area and advise the registrar.

 

(10) In determining the appropriateness of the sector and area for the demarcation contemplated in subsection (8)(b), NEDLAC or the Minister must seek to give effect to the primary objects of this Act.

 

(11) The registrar—
(a) must consider the application and any further information provided by the applicant,
(b) must determine whether—
(i) the applicant has complied with the provisions of this section;
(ii) the constitution of the bargaining council complies with section 30;
(iii) adequate provision is made in the constitution of the bargaining council for the representation of small and medium enterprises;
(iv) the parties to the bargaining council are sufficiently representative of the sector and area determined by NEDLAC or the Minister; and
(v) there is no other council registered for the sector and area in respect of which the application is made; and
(c) if satisfied that the applicant meets the requirements for registration, must register the bargaining council by entering the applicant's name in the register of councils.

 

(12) If the registrar is not satisfied that the applicant meets the requirements for registration, the registrar—
(a) must send the applicant a written notice of the decision and the reasons for that decision; and
(b) in that notice, must inform the applicant that it has 30 days from the date of the notice to meet those requirements.

 

(13) If, within that 30-day period, the applicant meets those requirements, the registrar must register the applicant by entering the applicant's name in the register of councils.

 

(14) If, after the 30-day period, the registrar concludes that the applicant has failed to meet the requirements for registration, the registrar must—
(a) refuse to register the applicant; and
(b) notify the applicant and any person that objected to the application of that decision in writing.

 

(15) After registering the applicant, the registrar must :
(a) issue a certificate of registration in the applicant's name that must specify the registered scope of the applicant; and
(b) send the registration certificate and a certified copy of the registered constitution to the applicant.

 

(16) Subsections (3) to (10) and (11)(b)(iii) and (iv) do not apply to the registration or amalgamation of bargaining councils in the public service.