| (a) | directing the parties to negotiate a minimum services agreement as contemplated in this section within a period specified in the order; |
| (b) | if an agreement is not negotiated within the specified period, permitting either party to refer the matter to conciliation at the Commission or a bargaining council having jurisdiction. |
| (2) | If the parties fail to conclude a collective agreement providing for the maintenance of minimum services or if a collective agreement is not ratified, a panel appointed by the essential services committee may determine the minimum services that are required to be maintained in an essential service. |
| (3) | If a panel appointed by the essential services committee ratifies a collective agreement that provides for the maintenance of minimum services in a service designated as an essential service or if it determines such a minimum service which is binding on the employer and the employees involved in that service— |
| (a) | the agreed or determined minimum services are to be regarded as an essential service in respect of the employer and its employees; and |
| (4) | A minimum service determination— |
| (a) | is valid until varied or revoked by the essential services committee; and |
| (b) | may not be varied or revoked for a period of 12 months after it has been made. |
| (5) | Despite subsections (3) and (4), section 74 applies to a designated essential service in respect of which the essential services committee has ratified a minimum services agreement or has made a determination of minimum services if the majority of employees employed in the essential services voted in a ballot in favour of this. |
[Section 72(5) substituted by section 6(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (6) | Subsection (5) does not apply to a dispute in respect of which a notice of a strike or lock—out has been issued prior to the holding of the ballot. |
| (7) | Despite subsection (4), a panel may vary a determination by ratifying a collective agreement concluded between or on behalf of one or more— |
| (a) | trade unions representing a majority of the employees covered by the determination; and |
| (b) | employers employing the majority of the employees covered by the determination. |
| (8) | Any party to negotiations concerning a minimum services agreement may, subject to any applicable collective agreement, refer a dispute arising from those negotiations to the Commission or a bargaining council having jurisdiction for conciliation and, if an agreement is not concluded, to the essential services committee for determination. |
| (9) | For the purposes of this section, a ‘ratified minimum service’ or ‘determined minimum service’ means the minimum number of employees in a designated essential service who may not strike in order to ensure that the life, personal safety or health of the whole or part of the population is not endangered. |
[Section 72(9) inserted by section 6(b) of Notice No. 1304, GG 42061, dated 27 November 2018]
[Section 72 substituted by section 13 of Act No. 6 of 2014]
