| (1) |
An advisory arbitration award is only binding on a party and its members to the dispute if— |
| (i) |
trade unions party to the dispute has accepted or deemed to have accepted the award in terms of section 150C(5)(b) or subsection (2); or |
| (ii) |
employer organisations party to the dispute has accepted or is deemed to have accepted the award in terms of section 150C(5)(b); or |
| (b) |
it is binding in terms of subsection (3) or 150C(5)(b). |
| (2) |
Subject to subsection (3), the binding nature of an advisory arbitration award is determined in accordance with section 23 as if the award is a collective agreement for the purposes of that section. |
| (3) |
If the parties to the dispute are parties to a bargaining council— |
| (a) |
the binding nature of an award is determined in accordance with section 31 as if the award is a collective agreement for the purposes of that section; |
| (i) |
are not members of the parties to the council; or |
| (ii) |
have rejected the award in terms of section 150C(5)(c); |
| (c) |
the Minister may extend the advisory arbitration award in accordance with section 32 as if the award is a collective agreement for the purposes of that section if the parties have been deemed to have accepted the award in terms of section 150C(5)(b). |
[Section 150D inserted by section 17 of Notice No. 1304, GG 42061, dated 27 November 2018]
Electronic Communications and Transactions Act, 2002
