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

Chapter V : Workplace Forums

84. Specific matters for consultation

 

 

(1) Unless the matters for consultation are regulated by a collective agreement with the representative trade union, a workplace forum is entitled to be consulted by the employer about proposals relating to any of the following matters—
(a) restructuring the workplace, including the introduction of new technology and new work methods;
(b) changes in the organisation of work;
(c) partial or total plant closures;
(d) mergers and transfers of ownership in so far as they have an impact on the employees;
(e) the dismissal of employees for reasons based on operational requirements;
(f) exemptions from any collective agreement or any law;
(g) job grading;
(h) criteria for merit increases or the payment of discretionary bonuses;
(i) education and training;
(j) product development plans; and
(k) export promotion.

 

(2) A bargaining council may confer on a workplace forum the right to be consulted about additional matters in workplaces that fall within the registered scope of the bargaining council.

 

(3) A representative trade union and an employer may conclude a collective agreement conferring on the workplace forum the right to be consulted about any additional matters in that workplace.

 

(4) Any other law may confer on a workplace forum the right to be consulted about additional matters.

 

(5) Subject to any applicable occupational health and safety legislation, a representative trade union and an employer may agree—
(a) that the employer must consult with the workplace forum with a view to initiating, developing, promoting, monitoring and reviewing measures to ensure health and safety at work;
(b) that a meeting between the workplace forum and the employer constitutes a meeting of a health and safety committee required to be established in the workplace by that legislation; and
(c) that one or more members of the workplace forum are health and safety representatives for the purposes of that legislation.

 

(6) For the purposes of workplace forums in the public service
(a) the collective agreement referred to in subsection(1) is a collective agreement concluded in a bargaining council;
(b) a bargaining council may remove any matter from the list of matters referred to in subsection (1) in respect of workplaces that fall within its registered scope; and
(c) subsection (3) does not apply.