| (a) | with a representative trade union representing members at the workplace and its employees or representatives nominated by them; or |
| (b) | if no representative trade union represents members at the workplace, with its employees or representatives nominated by them. |
| (2) | The employees or their nominated representatives with whom an employer consults in terms of subsection (1)(a) and (b), taken as a whole, must reflect the interests of— |
| (a) | employees from across all occupational levels of the employer's workforce; |
[Paragraph (a) amended by section 8 of Act No. 47 of 2013]
| (c) | employees who are not from designated groups. |
| (3) | This section does not affect the obligation of any designated employer in terms of section 86 of the Labour Relations Act to consult and reach consensus with a workplace forum on any of the matters referred to in section 17 of this Act. |
