| (1) | For the purposes of this section— |
| (a) | a ‘funding agreement’ means a collective agreement concluded in a bargaining council, including a provision in such an agreement to fund— |
| (i) | the operational and administrative activities of the bargaining council itself; |
| (iii) | a training and education scheme contemplated in section 28(1)(f); or |
| (iv) | a pension, provident, medical aid, sick pay, holiday, unemployment and training schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the bargaining council or their members, as contemplated in section 28(1)(g); |
| (b) | the ‘renewal of a funding agreement’ means an agreement that is— |
| (i) | binding on the parties to the agreement; and |
| (ii) | deemed to be an extension of the agreement to non—parties in terms of section 32(2). |
| (2) | Subject to subsection (3), and where the Minister is satisfied that the failure to renew the funding agreement may undermine collective bargaining at sectoral level, the Minister may renew a funding agreement for up to 12 months at the request of any of the parties to a bargaining council if— |
| (a) | the funding agreement has expired; or |
| (b) | the parties have failed to conclude a collective agreement to renew or replace the funding agreement before 90 days of its expiry. |
| (3) | The Minister must, before making a decision under subsection (2)— |
| (a) | publish a notice in the Government Gazette calling for public comment on the request within a period stipulated in the notice; and |
| (b) | consider the comments received. |
| (4) | Any review of the Minister’s decision under subsection (2) must be determined by the Labour Court and any such decision remains in force until— |
| (a) | set aside by the Labour Court; or |
| (b) | if the decision is taken on appeal, set aside by the Labour Appeal Court or the Constitutional Court, as the case may be. |
[Section 32A inserted by section 2 of Notice No. 1304, GG 42061, dated 27 November 2018]
