Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter V : Workplace Forums86. Joint decision—making |
| (1) | Unless the matters for joint decision—making are regulated by a collective agreement with the representative trade union, an employer must consult and reach consensus with a workplace forum before implementing any proposal concerning— |
| (a) | disciplinary codes and procedures; |
| (b) | rules relating to the proper regulation of the workplace in so far as they apply to conduct not related to the work performance of employees; |
| (c) | measures designed to protect and advance persons disadvantaged by unfair discrimination; and |
| (d) | changes by the employer or by employer—appointed representatives on trusts or boards of employer—controlled schemes, to the rules regulating social benefit schemes. |
| (2) | A representative trade union and an employer may conclude a collective agreement: |
| (a) | conferring on the workplace forum the right to joint decision—making in respect of additional matters in that workplace; |
| (b) | removing any matter referred to in subsection (1)(a) to (d) from the list of matters requiring joint decision—making. |
| (3) | Any other law may confer on a workplace forum the right to participate in joint decision—making about additional matters. |
| (4) | If the employer does not reach consensus with the workplace forum, the employer may— |
| (a) | refer the dispute to arbitration in terms of any agreed procedure; or |
| (b) | if there is no agreed procedure, refer the dispute to the Commission. |
| (5) | The employer must satisfy the Commission that a copy of the referral has been served on the chairperson of the workplace forum. |
| (6) | The Commission must attempt to resolve the dispute through conciliation. |
| (7) | If the dispute remains unresolved, the employer may request that the dispute be resolved through arbitration. (See flow diagram No. 9 in Schedule 4.) |
| (8) |
| (a) | An arbitration award is about a proposal referred to in subsection (1)(d) takes effect 30 days after the date of the award. |
| (b) | Any representative on the trust or board may apply to the Labour Court for an order declaring that the implementation of the award constitutes a breach of a fiduciary duty on the part of that representative. |
| (c) | Despite paragraph(a), the award will not take effect pending the determination by the Labour Court of an application made in terms of paragraph (b). |
| (9) | For the purposes of workplace forums in the public service, a collective agreement referred to in subsections (1) and (2) is a collective agreement concluded in a bargaining council. |