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

Schedules

Schedule 7 : Transitional Arrangements

Part D : Matters concerning Public Service

15. Collective agreements in the public service

 

 

1) The following provisions, read with the changes required by the context, of the Public Service Labour Relations Act, despite the repeal of that Act, will have the effect and status of a collective agreement binding on the State, the parties to the chambers of the Public Service Bargaining Council and all employees in the public service –
a) section 1 for the purposes of this item unless the context otherwise indicates;
b) section 4(10);
c) section 5(2), (3), (4)(a) and (5);
d) section 7;
e) section 8, except that the reference to section 5(1) should be a reference to item 14(1);
f) section 9(3);
g) section 10(4) and (5);
h) section 12;
i) section 13, except that the reference to agreements should be a reference to collective agreements including the collective agreement contemplated in this item;
j) sections 14,15 and 16(2);
k) section 17, except that the following subsection must be substituted for subsection (4)(b)-"If the application of a trade union for recognition is refused, the trade union, within 90 days of the notice of the refusal, may refer the dispute to arbitration."; and
l) section 18, except that –
i) the following subsection must be substituted for sub-section (10)(a) -

"An employee who or the employee organisation which in terms of subsection (1) has declared a dispute, requested that a Conciliation board be established and submitted the completed prescribed form, may refer the dispute to arbitration or to the Labour Court in terms of the provisions of this Act and, in respect of a dispute not contemplated by this Act, to any other court if-

aa) a meeting of a conciliation board is not convened as contemplated in subsection (3);
bb) the head of department concerned fails to request the appointment of a chairperson in terms of subsection (5);
cc) where applicable, the Commission fails to appoint a chairperson of the conciliation board in terms of subsection (5);
dd) the parties involved in the conciliation board have failed to agree to extend the period of office of the conciliation board in terms of subsection (7) until a settlement is reached;
ee) the conciliation board does not succeed in settling the dispute within the period contemplated in subsection (7), or
ff) the parties to the dispute agree that they will not be able to settle the dispute and submit written proof thereof to the Commission or relevant court."; and
ii) any reference to the Department of Labour should be a reference to the Commission.