Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationAccredited Private AgencyTerms of Accreditation for Conciliation, Arbitration and Inquiry by Arbitrator1. Scope of Accreditation |
Herewith categories of disputes for which Private Agencies are eligible to apply for accreditation.
PRIVATE AGENCIES ARE ACCREDITED TO PERFORM THE FOLLOWING DISPUTE RESOLUTIONS FUNCTIONS:
Unfair dismissal disputes |
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Unfair Labour practice |
- Section 191 |
Interpretation of Collective Agreement disputes |
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Inquiry by Arbitrator |
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Regulation of non-standard work |
- Section 198, 198A, 198B, 198C and 198D |
PRIVATE AGENCIES MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51):
Organisational rights (sections 16, 21 and 22);
Collective Agreements where the agreement does not provide for a dispute resolution procedure or the procedure is inoperative or any party frustrates the resolution of disputes (section 24(2) to (5));
Agency shops and closed shops (section 24(6) and (7) and section 26(11);
Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45);
The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61(5) to (8));
Demarcation of sectors and areas of Councils (section 62);
The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E (Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63);
Picketing (section 69(8) to 10);
Proposals which are the subject of joint-decision making in a workplace forum (section 86);
Disclosure of information to workplace forums (section 89);
Interpretation or Application of the provisions of Chapter 5 of the LRA which deals with workplace forums (section 94);
Enforcement of the Collective Agreements by Bargaining Councils (section 33A) and;
Enforcement of arbitration awards in terms of section 143. Only the Director of the CCMA, unless the power has been delegated to a CCMA Senior Commissioner may certify awards as if it were an order of the Labour Court;
Facilitating mass retrenchment disputes section 189(A).