Protection of Businesses Act, 1978
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter V : Workplace Forums80. Establishment of workplace forum |
| (1) | A workplace forum may be established in any workplace in which an employer employs more than 100 employees. |
| (2) | Any representative trade union may apply to the Commission in the prescribed form for the establishment of a workplace forum. |
| (3) | The applicant must satisfy the Commission that a copy of the application has been served on the employer. |
| (4) | The Commission may require further information in support of the application. |
| (5) | The Commission must— |
| (a) | consider the application and any further information provided by the applicant; and |
| (b) | consider whether, in the workplace in respect of which the application has been made— |
| (i) | the employer employs 100 or more employees; |
| (ii) | the applicant is a representative trade union; and |
| (iii) | there is no functioning workplace forum established in terms of this Chapter. |
| (6) | If satisfied that the requirements of subsection (5) are met, the Commission must appoint a commissioner to assist the parties to establish a workplace forum by collective agreement or, failing that, to establish a workplace forum in terms of this Chapter. |
| (7) | The commissioner must convene a meeting with the applicant, the employer and any registered trade union that has members employed in the workplace, in order to facilitate the conclusion of a collective agreement between those parties, or at least between the applicant and the employer. |
| (8) | If a collective agreement is concluded, the provisions of this Chapter do not apply. |
| (9) | If a collective agreement is not concluded, the commissioner must meet the parties referred to in subsection (7) in order to facilitate agreement between them, or at least between the applicant and the employer, on the provisions of a constitution for a workplace forum in accordance with this Chapter, taking into account the guidelines in Schedule 2. |
| (10) | If no agreement is reached on any of the provisions of a constitution, the commissioner must establish a workplace forum and determine the provisions of the constitution in accordance with this Chapter, taking into account the guidelines in Schedule 2. |
| (11) | After the workplace forum has been established, the commissioner must set a date for the election of the first members of the workplace forum and appoint an election officer to conduct the election. |
| (12) | The provisions of this section do not apply to the public service. The establishment of workplace forums in the public service will be regulated in a Schedule promulgated by the Minister for the Public Service and Administration in terms of section 207(4). |
