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

Chapter III : Collective Bargaining

Part E : Statutory Councils

48. Change of status of statutory council

 

 

(1) A statutory council may resolve to apply to register as a bargaining council.

 

(2) The registrar must deal with the application as if it were an application in terms of section 29, except for section 29(4)(b), (7) to (10) and (15).10

 

(3) If the registrar has registered the statutory council as a bargaining council, the registrar must alter the register of councils and its certificate to reflect its change of status.

 

(4) Any determination in force at the time of the registration of the bargaining council or any agreement extended by the Minister in terms of section 43(3)
(a) continues to have force for the period of its operation unless superseded by a collective agreement; and
(b) may be extended for a further period.

 

(5) The bargaining council must perform any function or duty of the statutory council in terms of a determination during the period in which the determination is still in effect.

 

(6) If any dispute in terms of a determination is unresolved at the time the determination ceases to have effect, the dispute must be dealt with as if the determination was still in effect.

 

10 Section 29 deals with the procedure for the registration of bargaining councils