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

Schedules

Schedule 7 : Transitional Arrangements

Part C : Provisions concerning existing Trade Unions, Employers' Organisations, Industrial Councils and Conciliation Boards

7. Industrial councils

 

 

1) An industrial council registered or deemed to be registered in terms of the Labour Relations Act immediately before the commencement of this Act, will be deemed to be a bargaining council under this Act and continues to be a body corporate.

 

2) As soon as practicable after the commencement of this Act, the registrar must enter the name of the bargaining council in the register of councils.

 

3) A bargaining council whose name has been entered in the register of councils must be issued with a certificate of registration.

 

4) If any provision of the constitution of a bargaining council does not comply with the requirements of section 30, the registrar may direct the bargaining council in writing, to rectify its constitution and submit it to the registrar within a period specified in the direction, which period may not be shorter than three months.

 

5) If a bargaining council fails to comply with a direction issued to it in terms of sub-item (4), the registrar must notify the bargaining council that cancellation of its registration is being considered because of the failure, and give the bargaining council an opportunity to show cause why its registration should not be cancelled within 30 days of the notice.

 

6) If, when the 30-day period expires, the bargaining council has not shown cause why its registration should not be cancelled, the registrar must cancel the registration of that bargaining council by removing its name from the register of councils or take other lesser steps that are appropriate and not inconsistent with this Act.

 

7) The registrar must notify the bargaining council whether the registration of the bargaining council has been cancelled.

 

8) Cancellation in terms of sub-item (6) takes effect-
a) if the bargaining council has failed, within the time contemplated in section 111(3), to appeal to the Labour Court against the cancellation, when that period expires; or
b) if the bargaining council has lodged an appeal, when the decision of the registrar has been confirmed by the Labour Court.