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

Chapter III : Collective Bargaining

Part F : General Provisions concerning Councils

56. Admission of parties to council12

 

 

(1) Any registered trade union or registered employers' organisation may apply in writing to a council for admission as a party to that council.

 

(2) The application must be accompanied by a certified copy of the applicant's registered constitution and certificate of registration and must include-
(a) details of the applicant's membership within the registered scope of the council and, if the applicant is a registered employers' organisation, the number of employees that its members employ within that registered scope;
(b) the reasons why the applicant ought to be admitted as a party to the council; and
(c) any other information on which the applicant relies in support of the application.

 

(3) A council, within 90 days of receiving an application for admission, must decide whether to grant or refuse an applicant admission, and must advise the applicant of its decision, failing which the council is deemed to have refused the applicant admission.

 

(4) If the council refuses to admit an applicant it must within 30 days of the date of the refusal advise the applicant in writing of its decision and the reasons for that decision.

 

(5) The applicant may apply to the Labour Court for an order admitting it as a party to the council.

 

(6) The Labour Court may admit the applicant as a party to the council, adapt the constitution of the council and make any other appropriate order.

 

12 See flow diagram No. 5 in Schedule 4.