| (b) |
the number of full-time health and safety representatives; |
| (c) |
the election or appointment of health and safety representatives; |
| (d) |
the terms of office of health and safety representatives and the circumstances and the manner in which they may be removed from office; |
| (e) |
the manner in which vacancies are to be filled; |
| (f) |
the manner in which health and safety representatives must perform their functions in terms of this Act; |
| (g) |
the procedures for the effective exercise of the right to withdraw from serious danger in terms of section 23; |
[Section 30(1)(i) allows a health and safety representative to attend any meeting of a health and safety committee when appropriate.]
[Section 31(2) requires an employer to provide reasonable time and facilities for employees to meet monthly with their health and safety representative.]
| (i) |
the facilities and assistance that must be provided to a health and safety representative in terms of section 31(3); |
[Section 31(3) requires an employer to provide health and safety representatives with the facilities, assistance and training necessary to enable them to function effectively.]
| (j) |
the training of health and safety representatives; |
| (k) |
a procedure that provides for the conciliation and arbitration of disputes arising from the application or the interpretation of the collective agreement or any provision of this Chapter; |
| (m) |
any other matter which the parties believe will promote health and safety at the mine or mines concerned. |
| (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) |
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 within the prescribed period— |
| (a) |
consult with the registered trade unions with members at the mine on the matters referred to in subsection (1); and |
| (b) |
endeavour to reach agreement on the number of full-time health and safety representatives at the mine. |
| (7) |
If there is no registered trade union with members at the mine, the employer must, within the prescribed period— |
| (a) |
consult with the employees or any elected representative of the employees on the matters referred to in subsection (1); and |
| (b) |
endeavour to reach agreement on the number of full-time health and safety representatives at the mine. |
| (8) |
A dispute exists if either— |
| (a) |
no collective agreement in terms of subsection (1) is concluded on the number of full-time health and safety representatives at a mine; or |
| (b) |
no agreement is reached in terms of either subsection (6)(b) or (7)(b). |
| (9) |
When a dispute exists in terms of subsection (8), any party to the dispute may refer it to the Commission. |
| (10) |
When a dispute is referred to the Commission under subsection (9), the Commission must attempt to resolve it through conciliation. |
| (11) |
If a dispute remains unresolved, any party to the dispute may request that it be resolved through arbitration, in which case the Commission, taking into account the guidelines in Schedule 1, must determine the number of full-time health and safety representatives. |
| (12) |
Nothing in this section precludes the employer from consulting with any employee who is not a member of a registered trade union or any representative of those employees concerning the matters referred to in subsection (1). |
Special Investigating Units and Special Tribunals Act, 1996
