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

Chapter III : Collective Bargaining

Part E : Statutory Councils

41. Establishment and registration of statutory council in absence of agreement

 

 

(1) If no agreement is concluded in terms of section 40(3), the commissioner must convene separate meetings of the registered trade unions and employers organisations to facilitate the conclusion of agreements on—
(a) the registered trade unions to be parties to the statutory council;
(b) the registered employers' organisations to be parties to the statutory council; and
(c) the allocation to each party of the number of representatives of the statutory council.

 

(2) If an agreement is concluded on—
(a) the registered trade unions to be parties to the statutory council, the Minister must admit as parties to the statutory council the agreed registered trade unions;
(b) the registered employers' organisations to be parties to the statutory council, the Minister must admit as parties to the statutory council the agreed registered employers ' organisations.

 

(3) If no agreement is concluded on—
(a) the registered trade unions to be parties to the statutory council, the Minister must admit as parties to the statutory council—
(i) the applicant, if it is a registered trade union; and
(ii) any other registered trade union in the sector and area that ought to be admitted, taking into account the factors referred to in section 40(5);
(b) the registered employers' organisations to be parties to the statutory council, the Minister must admit as parties to the statutory council -
(i) the applicant, if it is a registered employers' organisation; and
(ii) any other registered employers ' organisation in the sector and area that ought to be admitted, taking into account the factors referred to in section 40(5).

 

(4)
(a) The Minister must determine an even number of representatives of the statutory council, taking into account the factors referred to in section 40(5).
(b) One half of the representatives must be allocated to the registered trade unions that are parties to the statutory council and the other half of the representatives must be allocated to the registered employers' organisations that are parties to the statutory council.

 

(5) If no agreement is concluded in respect of the allocation of the number of representatives of the statutory council -
(a) between the registered trade unions that are parties to the council, the Minister must determine this allocation on the basis of proportional representation;
(b) between the registered employers organisations that are parties to the council, the Minister must determine this allocation on the basis of proportional representation and taking into account the interests of small and medium enterprises.

 

(6) If the applicant is a trade union and there is no registered employers' organisation that is a party to the statutory council, the Minister, after consulting the Commission, must appoint suitable persons as representatives and alternates, taking into account the nominations received from employers and employers' organisations in terms of section 40(2).

 

(7) If the applicant is an employers' organisation and there is no registered trade union that is a party to the statutory council, the Minister, after consulting the Commission, must appoint suitable persons as representatives and alternates, taking into account the nominations received from employees and trade unions in terms of section 40(2).

 

(8) The Minister must notify the registrar of agreements concluded and decisions made in terms of this section, and the registrar must—
(a) adapt the model constitution referred to in section 207(3) to the extent necessary to give effect to the agreements and decisions made in terms of this section;
(b) register the statutory council by entering its name in the register of councils; and
(c) certify the constitution as the Constitution of the statutory council.