| (1) | The director may appoint an advisory arbitration panel (referred to in sections 150A to 150D as the ‘panel’) in the public interest to make an advisory arbitration award (referred to in sections 150A to 150D as the ‘award’) in order to facilitate a dispute— |
| (a) | on the director’s own accord or on application of one of the parties to the dispute; |
| (b) | after consultation in the prescribed manner with the parties to the dispute; and |
| (c) | in the prescribed manner setting out the panel’s terms of reference as provided for in section 150C(1). |
| (2) | The director must establish an advisory arbitration panel contemplated in subsection (1) to facilitate a resolution of the dispute at any time after a commissioner has issued a certificate of unresolved dispute under section 135(5)(a) or a notice of the commencement of the strike or lockout contemplated in section 64(1)(b), (c) and (d), whichever is the earlier— |
| (a) | subject to subsection (3)— |
| (i) | if directed to do so by the Minister; or |
| (ii) | on application by a party to the dispute; |
| (b) | if ordered to do so by the Labour Court in terms of subsection (4); or |
| (c) | by agreement of the parties. |
| (3) | The director may only appoint the panel in terms of subsection (2)(a) if the director has reasonable grounds to believe that any one or more of the following circumstances exists: |
| (a) | The strike or lockout is no longer functional to collective bargaining in that it has continued for a protracted period of time and no resolution of the dispute appears to be imminent; |
| (b) | there is an imminent threat that constitutional rights may be or are being violated by persons participating in or supporting the strike or lockout through the threat or use of violence or the threat of or damage to property; or |
| (c) | the strike or lockout causes or has the imminent potential to cause or exacerbate an acute national or local crisis affecting the conditions for the normal social and economic functioning of the community or society. |
| (4) | The Labour Court may only make an order requiring the director to appoint the panel in terms of subsection (2)(b)— |
| (a) | on application made by a person or association of persons that will be materially affected by any one or more of the circumstances contemplated in subsection (3)(b) and (c); and |
| (b) | if the Court considers that there are reasonable grounds that any one or more of the circumstances contemplated in subsection (3)(b) and (c) exist. |
| (5) | A person may not apply to any court of law to stay or review the establishment or proceedings of an advisory arbitration panel until the panel has issued its award. |
[Section 150A inserted by section 17 of Notice No. 1304, GG 42061, dated 27 November 2018]
