Acts Online
GT Shield

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

Chapter III : Collective Bargaining

Part E : Statutory Councils

39. Application to establish statutory council

 

 

(1) For the purposes of this Part—
(a) "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, whose members constitute at least 30 per cent of the employees in a sector and area; and
(b) "representative employers' organisation" means a registered employers' organisation, or two or more registered employers' organisations acting jointly, whose members employ at least 30 per cent of the employees in a sector and area.

 

(2) A representative trade union or representative employers' organisation may apply to the registrar in the prescribed form for the establishment of a statutory council in a sector and area in respect of which no council is registered.

 

(3) The registrar must apply the provisions of section 29(2) to (10)9 to the application—
(a) read with the changes required by the context; and
(b) subject to the deletion of the word "sufficiently" in section 29(4)(c).

 

(4) The registrar must—
(a) consider the application and any further information provided by the applicant; and
(b) determine whether—
(i) the applicant has complied with section 29 and of this section;
(ii) the applicant is representative of the sector and area determined by NEDLAC or the Minister; and
(iii) there is no other council registered for the sector and area in respect of which the application is made.

 

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

 

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

 

 

9 The provisions of section 29 deal with the procedure for the registration of a bargaining council.