| (1) | A service is a maintenance service if the interruption of that service has the effect of material physical destruction to any working area, plant or machinery. |
| (2) | If there is no collective agreement relating to the provision of a maintenance service, an employer may apply in writing to the essential services committee for a determination that the whole or a part of the employer"s business or service is a maintenance service. |
| (3) | The employer must satisfy the essential services committee that a copy of the application has been served on all interested parties. |
| (4) | The essential services committee must determine, as soon as possible, whether or not the whole or a part of the employer"s business or service is a maintenance service. |
| (5) | As part of its determination in terms of subsection (4), the essential services committee may direct that any dispute in respect of which the employees engaged in a maintenance service would have had the right to strike, but for the provisions of section 65(1)(d)(iii), be referred to arbitration. |
| (6) | The committee may not make a direction in terms of subsection (5) if— |
| (a) | the terms and conditions of employment of the employees engaged in the maintenance service are determined by collective bargaining; or |
| (b) | the number of employees prohibited from striking because they are engaged in the maintenance service does not exceed the number of employees who are entitled to strike. |
| (7) | If a direction in terms of subsection (5) requires a dispute to be resolved by arbitration— |
| (a) | the provisions of section 74 will apply to the arbitration; and |
| (b) | any arbitration award will be binding on the employees engaged in the maintenance service and their employer, unless the terms of the award are varied by a collective agreement. |
| (8) | A panel appointed by the essential services committee may in the prescribed manner vary or cancel the designation of the whole or part of a maintenance service on its own accord or on application by the employer or a registered trade union with members affected by the designation of a maintenance service. |
[Section 75(8) inserted by section 7 of Notice No. 1304, GG 42061, dated 27 November 2018]
