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

Chapter III : Collective Bargaining

Part F : General Provisions concerning Councils

61. Cancellation of registration of council

 

 

(1) The registrar of the Labour Court must notify the registrar of labour relations if the Court has ordered a council to be wound up.

 

(2) When the registrar receives a notice from the Labour Court in terms of subsection (1), the registrar must cancel the registration of the council by removing its name from the register of councils.

 

(3) The registrar may notify a council and every party to the council that the registrar is considering cancelling the council's registration, if the registrar believes that—
(a) the council has ceased to perform its functions in terms of this Act for a period longer than 90 days before the date of the notice; or
(b) the council has ceased to be representative in terms of the provisions of the relevant Part, for a period longer than 90 days prior to the date of the notice.

 

(4) In a notice in terms of subsection (3), the registrar must state the reasons for the notice and inform the council and every party to the council that they have 60 days to show cause why the council's registration should not be cancelled.

 

(5) After the expiry of the 60-day period, the registrar, unless cause has been shown why the council's registration should not be cancelled, must notify the council and every party to the council that the registration will be cancelled unless an appeal to the Labour Court is noted and the Court reverses the decision.

 

(6) The cancellation takes effect—
(a) if no appeal to the Labour Court is noted within the time contemplated in section 111(3), on the expiry of that period; or
(b) if the council or any party has appealed and the Labour Court has confirmed the decision of the registrar, on the date of the Labour Court's decision.

 

(7) If either event contemplated in subsection (6) occurs, the registrar must cancel the council's registration by removing the name of the council from the register of councils.

 

(8) Any collective agreement concluded by parties to a council whose registration has been cancelled, whether or not the collective agreement has been extended to non-parties by the Minister in terms of section 32, lapses 60 days after the council's registration has been cancelled.

 

(9) Despite subsection (8), the provisions of a collective agreement that regulates terms and conditions of employment remain in force for one year after the date that the council's registration was cancelled, or until the expiry of the agreement, if earlier.

 

(10) Any party to a dispute about the interpretation or application of a collective agreement that regulates terms and conditions of employment referred to in subsection (8) may refer the dispute in writing to the Commission.

 

(11) The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute.

 

(12) The Commission must attempt to resolve the dispute through conciliation.

 

(13) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration.

 

(14) The registrar must cancel the registration of a bargaining council in the public service by removing its name from the register of councils when the registrar receives a resolution from the Public Service Co-ordinating Bargaining Council disestablishing a bargaining council established in terms of section 37(2).

 

(15) The provisions of subsections (3) to (7) do not apply to bargaining councils in the public service.