| (1) | When considering the representativeness of the parties to a council, or parties seeking registration of a council, the registrar, having regard to the nature of the sector and the situation of the area in respect of which registration is sought, may regard the parties to a council as representative in respect of the whole area, even if a trade union or employers organisation that is a party to the council has no members in part of that area. |
| (2) | A bargaining council having a collective agreement that has been extended by the Minister in terms of section 32, must inform the registrar annually, in writing, on a date to be determined by the registrar as to information specified in subsection (3) and the number of employees who are— |
| (a) | covered by the collective agreement; |
| (b) | members of the trade unions that are parties to the agreement; |
| (c) | employed by members of the employers" organisations that are party to the agreement. |
[Section 49(2) substituted by section 5(a) of Act No. 6 of 2014]
| (3) | A bargaining council other than one contemplated in subsection (2) must on request by the registrar, inform the registrar in writing within the period specified in the request as to the number of employees who are— |
| (b) | members of the trade unions that are parties to the council; |
| (c) | employed by members of the employers" organisations that are party to the council. |
[Section 49(3) substituted by section 5(b) of Act No. 6 of 2014]
| (4) | A determination of the representativeness of a bargaining council in terms of this section is sufficient proof of the representativeness of the council for the two years following the determination for any purpose in terms of this Act, including a decision by the Minister in terms of sections 32(3)(b), and 32(5). |
[Section 49(4) substituted by section 3(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (4A) | A determination made by the registrar in terms of— |
| (a) | section 32(3)(b) is sufficient proof that the members of the employer organisations that are party to the bargaining council, upon extension of the collective agreement, employ the majority of the employees who fall within the scope of that agreement; and |
| (b) | section 32(5)(a) is sufficient proof that the parties to the collective agreement are sufficiently representative within the registered scope of the bargaining council |
[Section 49(4A) inserted by section 3(b) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (5) | This section does not apply to the public service. |
