Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationBargaining Councils Accredited by the CCMAGeneral Notice 1987 of 2023Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator2. Powers of Accreditation |
Only those persons who are accredited by the CCMA, or are part-time Commissioners appointed by the Governing Body of the Commission in the terms of section 117(2) of the Labour Relations Act, may perform the accreditation functions of the council / Agency for the Private Agency
The following provisions of the LRA, as amended apply to Councils/Private Agency accredited for conciliation and arbitration:
| (a) | For the purpose of this paragraph any reference in Part C of Chapter VII of the LRA to: |
"Commission" must be read as a reference to the Council/Private Agency;
"Commissioner" must be read as a reference to a conciliator or arbitrator appointed by the Council/Private Agency.
"Director" must be read as a reference to the Secretary of the Council / CEO of the Private Agency.
| (b) | The provisions of the sections contained in Part C of Chapter VII (section 127(6)) of the LRA shall apply to the Council/Private Agency in the performance of its accredited functions: (subject to the Council’s Constitution and/or Collective Agreements. For the purpose of this sub-paragraph the following applies) |
| (i) | The provisions of section 133 to 136; |
| (iii) | The provisions of section 146 unless the Collective Agreement of the Council provides that the Arbitration Act, Act 42 of 1965 applies to any arbitration conducted under its accredited function and which Collective Agreement is binding on the parties to the disputes; and |
| (iv) | The provisions of section 148. |