Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter III : Collective Bargaining

Part C : Bargaining Councils

33. Appointment and powers of designated agents of bargaining councils

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(1)The Minister may at the request of a bargaining council appoint any person as the designated agent of that bargaining council to promote, monitor and enforce compliance with, any collective agreement concluded in that bargaining council.

[Section 33(1) substituted by section 6(a) of Act No. 12 of 2002]

 

(1A)A designated agent may—
(a)secure compliance with the council"s collective agreements by—
(i)publicising the contents of the agreements;
(ii)conducting inspections;
(iii)investigating complaints; or
(iv)any other means the council may adopt; and
(b)perform any other functions that are conferred or imposed on the agent by the council.

[Section 33(1A) inserted by section 6(b) of Act No. 12 of 2002]

 

(2)A bargaining council must provide each designated agent with a certificate signed by the secretary of the bargaining council stating that the agent has been appointed in terms of this Act as a designated agent of that bargaining council.

 

(3)Within the registered scope of the bargaining council, a designated agent of the bargaining council has all the powers set out in Schedule 10.

[Section 33(3) substituted by section 6(c) of Act No. 12 of 2002]

 

(4)The bargaining council may cancel the certificate provided to a designated agent in terms of subsection (2) and the agent then ceases to be a designated agent of the bargaining council and must immediately surrender the certificate to the secretary of the bargaining council.