[Section 16(1)(a) substituted by section 5 of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (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. |
