Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter V : Workplace Forums84. Specific matters for consultation |
| (1) | Unless the matters for consultation are regulated by a collective agreement with the representative trade union, a workplace forum is entitled to be consulted by the employer about proposals relating to any of the following matters— |
| (a) | restructuring the workplace, including the introduction of new technology and new work methods; |
| (b) | changes in the organisation of work; |
| (c) | partial or total plant closures; |
| (d) | mergers and transfers of ownership in so far as they have an impact on the employees; |
| (e) | the dismissal of employees for reasons based on operational requirements; |
| (f) | exemptions from any collective agreement or any law; |
| (g) | job grading; |
| (h) | criteria for merit increases or the payment of discretionary bonuses; |
| (i) | education and training; |
| (j) | product development plans; and |
| (k) | export promotion. |
| (2) | A bargaining council may confer on a workplace forum the right to be consulted about additional matters in workplaces that fall within the registered scope of the bargaining council. |
| (3) | A representative trade union and an employer may conclude a collective agreement conferring on the workplace forum the right to be consulted about any additional matters in that workplace. |
| (4) | Any other law may confer on a workplace forum the right to be consulted about additional matters. |
| (5) | Subject to any applicable occupational health and safety legislation, a representative trade union and an employer may agree— |
| (a) | that the employer must consult with the workplace forum with a view to initiating, developing, promoting, monitoring and reviewing measures to ensure health and safety at work; |
| (b) | that a meeting between the workplace forum and the employer constitutes a meeting of a health and safety committee required to be established in the workplace by that legislation; and |
| (c) | that one or more members of the workplace forum are health and safety representatives for the purposes of that legislation. |
| (6) | For the purposes of workplace forums in the public service— |
| (a) | the collective agreement referred to in subsection(1) is a collective agreement concluded in a bargaining council; |
| (b) | a bargaining council may remove any matter from the list of matters referred to in subsection (1) in respect of workplaces that fall within its registered scope; and |
| (c) | subsection (3) does not apply. |