Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter III : Collective BargainingPart E : Statutory Councils39. Application to establish statutory council |
| (1) | For the purposes of this Part— |
| (a) | "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, whose members constitute at least 30 per cent of the employees in a sector and area; and |
| (b) | "representative employers" organisation" means a registered employers" organisation, or two or more registered employers" organisations acting jointly, whose members employ at least 30 per cent of the employees in a sector and area. |
| (2) | A representative trade union or representative employers" organisation may apply to the registrar in the prescribed form for the establishment of a statutory council in a sector and area in respect of which no council is registered. |
| (3) | The registrar must apply the provisions of section 29(2) to (10)9 to the application— |
| (a) | read with the changes required by the context; and |
| (b) | subject to the deletion of the word "sufficiently" in section 29(4)(c). |
| (4) | The registrar must— |
| (a) | consider the application and any further information provided by the applicant; and |
| (b) | determine whether— |
| (i) | the applicant has complied with section 29 and of this section; |
| (ii) | the applicant is representative of the sector and area determined by NEDLAC or the Minister; and |
| (iii) | there is no other council registered for the sector and area in respect of which the application is made. |
| (5) | If the registrar is not satisfied that the applicant meets the requirements for establishment, the registrar must— |
| (a) | send the applicant a written notice of the decision and the reasons for that decision; and |
| (b) | in that notice, inform the applicant that it has 30 days from the date of the notice to meet those requirements. |
| (6) | If, after the 30—day period, the registrar concludes that the applicant has failed to meet the requirements for establishment, the registrar must— |
| (a) | refuse to register the applicant; and |
| (b) | notify the applicant and any person that objected to the application in writing of that decision. |
| 9 | The provisions of section 29 deal with the procedure for the registration of a bargaining council. |