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

Chapter III : Collective Bargaining

Part D : Bargaining Councils in the Public Service

37. Bargaining councils in sectors in public service

 

 

(1) The Public Service Co-ordinating Bargaining Council may, in terms of its constitution and by resolution—
(a) designate a sector of the public service for the establishment of a bargaining council; and
(b) vary the designation of, amalgamate or disestablish bargaining councils so established.

 

(2) A bargaining council for a sector designated in terms of subsection (1)(a) must be established in terms of the constitution of the Public Service Co-ordinating Bargaining Council.

 

(3) If the parties in the sector cannot agree to a constitution for the bargaining council for a sector designated in terms of subsection (1)(a), the Registrar must determine its constitution.

 

(4) The relevant resolution made in terms of subsection (1) must accompany any application to register or vary the registration of a bargaining council or to register an amalgamated bargaining council.

 

(5) A bargaining council established in terms of subsection (2) has exclusive jurisdiction in respect of matters that are specific to that sector and in respect of which the State as employer in that sector, has the requisite authority to conclude collective agreements and resolve labour disputes.