| (a) |
the number of health and safety committees to be established at the mine and the working places for which they will be responsible; |
| (b) |
the number of employer and employee representatives on the committees; |
| (c) |
the election and appointment of members of health and safety committees; |
| (d) |
the terms of office of members of the health and safety committee and the circumstances and the manner in which the members may be removed from office; |
| (e) |
the manner in which vacancies are to be filled; |
| (f) |
the circumstances and the manner in which meetings may be held; |
| (g) |
the facilities and assistance which must be provided to health and safety committees in terms of section 37(a); and |
| (h) |
a procedure that provides for the conciliation and arbitration of disputes arising from the application or interpretation of the collective agreement or any provision of this Chapter. |
[Section 25(2) provides that every mine with 100 or more employees must have one or more health and safety committees.]
| (2) |
Before concluding a collective agreement referred to in subsection (1) with the representative trade union, the employer must consult on the matters referred to in that subsection with all other registered trade unions with members at that mine. |
| (3) |
A collective agreement referred to in subsection (1) may include two or more employers as Parties to the agreement. |
| (4) |
To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter or by any regulation regarding any matter regulated by this Chapter, the provisions of this Chapter or such regulation do not apply. |
| (5) |
The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, apply to agreements concluded in terms of subsection (1). |
[See Part B of Chapter 3 of the Labour Relations Act.]
| (6) |
If there is no representative trade union at the mine, the employer must consult, within the prescribed period with the registered trade unions with members at the mine on the matters referred to in subsection (1). |
| (7) |
If there is no registered trade union with members at the mine, the employer must, within the prescribed period, consult with the employees or any elected representatives of the employees on the matters referred to in subsection (1). |
| (8) |
The negotiations and consultations referred to in this section may be held at the same time as those referred to in section 26. |
Basic Conditions of Employment Act, 1997
