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

Chapter III : Collective Bargaining

Part F : General Provisions concerning Councils

54. Duty to keep records and provide information to registrar

 

 

(1) In addition to the records required by section 53(4), every council must keep minutes of its meetings, in an original or reproduced form, for a period of three years from the end of the financial year to which they relate.

 

(2) Every council must provide to the registrar
(a) within 30 days of receipt of its auditor's report, a certified copy of that report and of the financial statements;
(b) within 30 days of receipt of a written request by the registrar, an explanation of anything relating to the auditor's report or the financial statements;
(c) upon registration, an address within the Republic at which it will accept service of any document that is directed to it;
(d) within 30 days of any appointment or election of its national office-bearers, the names and work addresses of those office-bearers, even if their appointment or election did not result in any changes to its office-bearers;
(e) 30 days before a new address for service of documents will take effect, notice of that change of address; and
(f) each year and on a date to be determined by the registrar, a report in the prescribed form specifying —
(i) the number of employees who are employed by small enterprises that fall within the registered scope of the council and the number of employees of those enterprises who are members of trade unions;
(ii) the number of employees employed by small enterprises that are covered by a collective agreement that was concluded by the council and extended by the Minister in terms of section 32;
(iii) the number of small enterprises that are members of the employers' organisations that are parties to the council; and
(iv) the number of applications for exemptions received from small enterprises and the number of applications that were granted and the number rejected.

 

(3) Every council must provide to the Commission
(a) certified copies of every collective agreement concluded by the parties to the council, within 30 days of the signing of that collective agreement; and
(b) the details of the admission and resignation of parties to the Council within 30 days of their admission or resignation.

 

(4) If a council fails to comply with any of the provisions of section 49(2) or (3), section 53 or subsections (1) or (2) of this section, the registrar may—
(a) conduct an inquiry into the affairs of that council;
(b) order the production of the council's financial records and any other relevant documents;
(c) deliver a notice to the council requiring the council to comply with the provisions concerned;
(d) compile a report on the affairs of the council; or
(e) submit the report to the Labour Court in support of any application made in terms of section 59(1)(b).

 

(5) The registrar may use the powers referred to in subsection (4) in respect of any fund established by a council, except a fund referred to in section 28(3).