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

Regulations

Labour Relations regulations in terms of section 208 of the Labour Relations Act, 1995 (Act No. 66 of 1995)

A. Index of Labour Relations Regulations

7. Form of requests and applications

 

(1) Whenever a request or application is contemplated in terms of a section of the Act shown in column 1 of Table LRA 2 for a purpose listed in column 2 of that Table, the request or application must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

 

(2) The Registrar has the power to assign an official to—
(a) verify from the membership lists the figures furnished in respect of representativeness in an industry or sector; and
(b) check that applications lodged with the registrar's office meet the requirements.

 

Table LRA 2 : Table of Requests and Applications

 

1 -

Section

2 -

Purpose

3 -

Annexure

4 -

Conditions

25(4)(b) and 26(8)

Conscientious objector requests agency fee to be paid to the Department of Labour

LRA 3.1

Agency fee deducted pursuant to the request must be remitted with annexure LRA 3.2

26(8) applying

25(4)(b)

List of deduction from conscientious objector's wages

LRA 3.2

Agency fee deducted pursuant to the request must be remitted with annexure LRA 3.2

29(1)

Application for registration of a bargaining council

LRA 3.3

1. Submit two copies
2. Submit to the Registrar of Labour Relations, c/o the Director General, Department of Labour, Private Bag X117, Pretoria, 0001

32(1) & 32(  )

Bargaining council requests extension of collective agreement to non-parties

LRA 3.5

1. Submit two copies
2. Submit to the Minister, c/o the Director General, Department of Labour, Private Bag X117, Pretoria, 0001

32(1) & read with 43(3)

Statutory council requests extension of collective agreement to non-parties

3.5A

1. Submit two copies
3. Submit to the Minister, c/o the Director General, Department of Labour, Private Bag X117, Pretoria, 0001

32(6)(a)

Council requests to extend the period of, or renew, collective agreement extended to non-parties

LRA 3.6

1. Submit two copies
3. Submit to the Minister, c/o the Director General, Department of Labour, Private Bag X117, Pretoria, 0001

32(7)

Council requests cancellation of collective agreement extended to non-parties

LRA 3.7

1. Submit to the Minister, c/o the Director-General, Department of Labour, Private Bag X117, Pretoria, 0001

43(3) applying 33(1)

Council requests appointment of designated agent

LRA 3.8

1. Submit two copies
2. Submit to the Minister, c/o the Director General, Department of Labour, Private Bag X117, Pretoria, 0001

34(2)

Amalgamating bargaining council applies for registration

LRA 3.11

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

38(4)

Referring public service jurisdictional dispute for arbitration

LRA 3.13

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

39(2)

Trade union applies for establishment of a statutory council

LRA 3.14

1. Proof of service on the other party.
2. Submit to CCMA National Office, 28 Harrison Street Johannesburg.

Private Bag X 94 Marshalltown, 2107

39(2)

Employers' organisation applies for establishment of a statutory council

LRA 3.15

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

48(1)

Statutory council applies to register as a bargaining council

LRA 3.19

1. Submit two copies
2. Submit to the Registrar of Labour Relations Department of Labour, Private Bag X117, Pretoria, 0001

58

Council applies for variation of scope of registration

LRA 3.22

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

62(1)

Application about demarcation dispute

LRA 3.23

1. Proof of service on the other party
2. Submit to the Registrar Regional Office of the CCMA

69(4)

Request to establish picketing rules

LRA 4.1

1. Send a copy of request to other party
2. Proof of service on the other party
3. Submit to the Registrar, Regional Office of the CCMA

70B(2), 70(3)

Bargaining council request for essential service investigation

LRA 4.7

1. Copy of current certificate of accreditation
2. Submit to the Essential Services Committee c/o CCMA

28 Harrison Street,

Johannesburg  2001.

Private Bag X94,

Marshalltown, 2107

70B(2)

Interested party requests essential service investigation

LRA 4.7A

1. Copy of current certificate of accreditation
2. Submit to the Essential Services Committee,

c/o CCMA

28 Harrison Street, Johannesburg 2001, Private Bag X 94, Marshalltown, 2107

72(1)

Referring dispute for conclusion of a collective agreement providing for a minimum service agreement

LRA 4.8A

1. Proof of service on the other party
2. Submit to the Essential Services Committee, c/o CCMA, 28 Harrison Street, Johannesburg 2001. Private Bag X94,Marshalltown, 2107

72(3)

Request for ratification of collective agreement providing for maintenance of minimum services

LRA 4.8

1. Proof of service on the other party
2. Submit to the Essential Services Committee

c/o CCMA,

28 Harrison Street, Johannesburg 2001. Private Bag X94, Marshalltown, 2107

75(2)

Employer applies for maintenance service determination

LRA 4.3

1. Proof of service on the other party
2. Submit to the Essential Services Committee,

c/o  CCMA, 28 Harrison Street, Johannesburg 2001. Private Bag X94, Marshalltown, 2107

80(2)

Representative trade union applies to establish a work-place forum

LRA 5.1

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

81(1)

Representative trade union applies to establish a trade union based work-place forum

LRA 5.2

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

96(1)

Application for registration of a trade union

LRA 6.1

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

96(1)

Application for registration of an employers' organisation

LRA 6.2

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

99(a)

List of members to be kept by a trade union

LRA 6.5

 

99(a)

List of members to be kept by an employers' organisation

LRA 6.6

 

102(2)

Application by amalgamating trade unions for registration

LRA 6.9

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

102(2)

Application by amalgamating employers' organisation for registration

LRA 6.10

1. Submit two copies
2. Submit to the Registrar of Labour Relations, Department of Labour, Private Bag X117, Pretoria, 0001

127(1)

Council applies for accreditation/renewal of accreditation

LRA 7.1

1. Attach a copy of registration, a copy of the council's code of conduct and the motivation for accreditation to the form
2. Submit to the Governing Body of the CCMA

127(1)

Private Agency applies for accreditation/renewal of accreditation

LRA 7.2

1. Attach a copy of the agency's code of conduct and the motivation for accreditation to the form
2. Submit to the Governing Body of the CCMA

129(1) & 131(1)

Council/private agencies applies to amend its accreditation

LRA 7.5

1. Attach a copy of the current certificate of accreditation
2. Submit to the Governing Body of the CCMA

131(1)

Council applies to renew its accreditation

LRA 7.6

No longer in use, combined in LRA Form 7.5

131(1)

Private agency applies to renew its accreditation

LRA 7.7

No longer in use, combined in LRA Form 7.5

132(1) & (8)

Council applies for subsidy/renewal of subsidy

LRA 7.8

1. Attach a copy of the current certificate of accreditation (if applicable) and motivation
2. Submit to the CCMA National Office,

28 Harrison Street,

Johannesburg, 2001.

Private Bag X 94,

Marshalltown, 2107.

132(1)

Private agency applies for subsidy

LRA 7.9

Form deleted

132(8)(a)

Council or private agency applies for renewal of subsidy

LRA 7.10

No longer in use, combined in LRA Form 7.8

136, 10 of the EEA

and 41 of the BCEA

Request for arbitration

LRA 7.13

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

137(1)

Application to the Director of the CCMA to appoint a senior commissioner to arbitrate

LRA 7.15

1. Proof of service on the other party
2. Submit to the Commissioner in charge of the Regional Office of the CCMA.

115 and 138(10)

Rule 39 of the

CCMA Rules

Referral of cost dispute

LRA 7.17

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

143

Application to certify CCMA Award

LRA 7.18

Submit to the Registrar, Regional Office of the CCMA

143 and 51(8)

Application to certify Bargaining Council Award

LRA 7.18A

Submit to the General Secretary of the relevant Bargaining Council

188A

Request for inquiry by Arbitrator

LRA 7.19

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

189A

Request for operational requirements facilitation

LRA 7.20

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA

200A(3)

Request for advisory award on whether a person is an employee

LRA 7.21

1. Proof of service on the other party
2. Submit to the Registrar, Regional Office of the CCMA