Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeCollective Bargaining, Industrial Action and PicketingPart D : Industrial Action : Strikes and Lockouts18. Conciliation of mutual interest disputes |
| (1) | Section 64(1) of the Act requires all disputes of mutual interest that may result in a strike or a lockout to be referred to conciliation. There is one exception - the unilateral change to terms and conditions of employment if an employee or a trade union gives notice not to introduce the alteration or, if introduced, to restore the original terms and conditions. |
| (2) | The trade union and employer parties to a mutual interest dispute must attend the conciliation meetings convened by the CCMA or the bargaining council with jurisdiction. |
| (3) | The primary object of the conciliation is to try to resolve the dispute without resort to industrial action. The parties must in good faith endeavour to settle the dispute, falling which, the commissioner or conciliator must propose alternative means to do so, such as arbitration, including advisory arbitration. |
| (4) | If the parties fail to settle the dispute or agree on an alternative method to resolve it, a secondary object of conciliation is to— |
| (a) | to record the demands in respect of which the workers, trade union, employer or employers' organisation intend to take industrial action; |
| (b) | to agree on the following: |
| (i) | the need for maintenance or minimum services,If necessary; |
| (ii) | the lines of communication between the conciliator (or facilitator if there is one), the union, the employer and the police; and |
| (iii) | Strike and picketing rules. |