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

Chapter III : Collective Bargaining

Part E : Statutory Councils

40. Establishment and registration of statutory council

 

(1) If the registrar is satisfied that the applicant meets the requirements for the establishment of a statutory council, the registrar, by notice in the Government Gazette, must establish the statutory council for a sector and area.

 

(2) The notice must invite—
(a) registered trade unions and registered employers" organisations in that sector and area to attend a meeting; and
(b) any interested parties in that sector and area to nominate representatives for the statutory council.

 

(3) The Commission must appoint a commissioner to chair the meeting and facilitate the conclusion of an agreement on—
(a) the registered trade unions and registered employers"  organisations to be parties to the statutory council; and
(b) a constitution that meets the requirements of section 30, read with the changes required by the context.

 

(4) If an agreement is concluded, the Minister may advise the registrar to register the statutory council in accordance with the agreement if the Minister is satisfied that—
(a) every registered trade union and registered employers" organisation that ought to have been included has been included in the agreement; and
(b) the constitution meets the requirements of section 30, read with the changes required by the context.

 

(5) In considering the requirements in subsection (4)(a), the Minister must take into account —
(a) the primary objects of this Act;
(b) the diversity of registered trade unions and registered employers organisations in the sector and area; and
(c) the principle of proportional representation.

 

(6) If the Minister is not satisfied in terms of subsection (4), the Minister must advise the Commission of the decision and the reasons for that decision and direct the Commission to reconvene the meeting in terms of subsection (3) in order to facilitate the conclusion of a new agreement.

 

(7) If advised by the Minister in terms of subsection (4), the registrar must register the statutory council by entering its name in the register of councils.