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

Commission for Conciliation, Mediation and Arbitration

Bargaining Councils Accredited by the CCMA

Terms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator

2. Powers of Accreditation

 

Only those persons who are accredited by the CCMA, or are part-time Commissioners appointed by the Governing Body of the Commission in the terms of section 117 (2) of the Labour Relations Act, may perform the accreditation functions of the council for the Council.

 

The following provisions of the LRA, as amended apply to Councils accredited for conciliation and arbitration:

 

(a) For the purpose of this paragraph any reference in Part C of Chapter VII of the LRA to:

"Commission" must be read as a reference to the Council;

"Commissioner" must be read as a reference to a conciliator or arbitrator appointed by the Council.

"Director" must be read as a reference to the Secretary of the Council.

 

(b) The provisions of the sections contained in Part C of Chapter VII (section 127(6)) of the LRA shall apply to the Council in the performance of its accredited functions subject to the Council’s Constitution and/or Collective Agreements. For the purpose of this sub-paragraph the following applies:

 

(i) The provisions of section 133 to 136;
(ii) The provisions of section 138 to 142, S142A , S143, S144 and S145;
(iii) The provisions of section 146 unless the Collective Agreement of the Council provides that the Arbitration Act, Act 42 of 1965 applies to any arbitration conducted under its accredited function and which Collective Agreement is binding on the parties to the disputes; and
(iv) The provisions of section 148.