Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 7 : Transitional Arrangements

Part C : Provisions concerning existing Trade Unions, Employers" Organisations, Industrial Councils and Conciliation Boards

12. Existing agreements and awards of industrial councils and conciliation boards
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(1)
(a)Any agreement promulgated in terms of section 48, any award binding in terms of sections 49 and 50 and any order made in terms of section 51A, of the Labour Relations Act and in force immediately before the commencement of this Act remains in force and enforceable, subject to paragraphs (b) and (c) of this subitem, and to subitem (5B), for a period of 18 months after the commencement of this Act or until the expiry of that agreement, award or order, whichever is the shorter period, in all respects, as if the Labour Relations Act had not been repealed.
(b)On the request of any Council deemed by item 7(1) to be a bargaining council, an agreement referred to in paragraph (a) that had been concluded in that council —
(i)if it expires before the end of the 18 month period referred to in paragraph (a), may be extended or declared effective in accordance with the provisions of subsection 4(a) of section 48 of the Labour Relations Act, for a period ending before or on the expiry of that 18 month period, which provisions, as well as any other provisions of the Labour Relations Act relating to industrial council agreements extended or declared effective in terms of that subsection, will apply in all respects, read with the changes required by the context, in relation to any agreement extended on the authority of this subparagraph as if those various provisions had not been repealed. However the Minister may not, on the authority of this subparagraph declare an agreement to be effective if it expires after 31 March, 1997;
(ii)may be cancelled, in whole or in part, in accordance with the provisions of subsection (5) of section 48 of the Labour Relations Act, which provisions, as well as any other provisions of the Labour Relations Act relating to industrial council agreements wholly or partly cancelled in terms of that subsection, will apply in all respects, read with the changes required by the context, in relation to any agreement wholly or partly cancelled on the authority of this subparagraph as if those various provisions had not been repealed.
(c)An agreement referred to in paragraph (a) that had been concluded by parties to a conciliation board—
(i)if it expires before the end of the 19 month period referred to in paragraph (a), may, at the request of the parties that were represented on that conciliation board at the time of the conclusion of that agreement, be extended in accordance with, and in the manner provided for in, paragraph (b)(i) which will apply, read with the changes required by the context, in relation to the extension of agreements of that nature;
(ii)may, at the request of those parties, be cancelled, in whole or in part, in accordance with paragraph (b)(ii), which will apply, read with the changes required by the context, in relation to the cancellation of agreements of that nature.

 

(1A)

(a)An agreement referred to in subitem (1) that had been concluded in a council deemed by item 7(1) to be a bargaining council, may be amended or amplified by a further agreement concluded in that bargaining council and promulgated in accordance with the provisions of subsection (1) and (2) of section 48 of the Labour Relations Act, which provisions will apply, in all respects, read with the changes required by the context, for the purposes of this paragraph as if they had not been repealed.
(b)Subitems (1)(b), (3) and (8)(a) will apply to any further agreement concluded and promulgated on the authority of paragraph (a) of this subitem, in all respects, as if it were an agreement referred to in subitem (1)(a).

 

(2)An agreement promulgated in terms of section 12 of the Education Labour Relations Act and in force immediately before the commencement of this Act remains in force for a period of 18 months after the commencement of this Act or until the expiry of that agreement, whichever is the shorter period, as if the provisions of that Act had not been repealed.

 

(3)Despite the provisions of sub-item (1), an agreement referred to in section 24(1)(x) of the Labour Relations Act that is in force immediately before the commencement of this Act will be deemed to be a closed shop agreement concluded in compliance with section 26 of this Act except that –
(a)the requirements in section 26(3)(d) and section 98(2)(b)(ii) become applicable at the commencement of the next financial year of the trade union party to the agreement; and
(b)the commencement date of the closed shop agreement shall be deemed to be the commencement date of this Act.

 

(4)Any pending request for the promulgation of an agreement in terms of section 48 of the Labour Relations Act must be dealt with as if the Labour Relations Act had not been repealed.

 

(5)Any request made before the expiry of six months after the commencement of this Act for the promulgation of an agreement entered into before the commencement of this Act must be dealt with as if the Labour Relations Act had not been repealed.

 

(5A)Any exemption from an agreement or award, or from an order, contemplated in subitem (1), that was in force immediately before the commencement of this Ad will remain in force for a period of 18 months after the commencement of this Act or until the period for which the exemption had been granted, has expired, whichever is the shorter period, as if the Labour Relations Act had not been repealed.

 

(5B)Any one or more of or all the provisions of an order referred to in subitem (1) (a), may be cancelled, suspended or amended by the Minister in accordance with the provisions of section 51A(4)(a) of the Labour Relations Act, which provisions will apply for the purposes of this subitem as if they had not been repealed.

 

(6)Any pending application for an exemption from all or any of the provisions of any agreement or award remaining in force in terms of subitem (1), or for an exemption from any provision of an order remaining in force in terms of that subitem, must—
(a)in the case of that agreement or award, be dealt with in terms of the provisions of section 51 and, whenever applicable, any other relevant provisions, of the Labour Relations Act, in all respects, read with the changes required by the context, as if the provisions in question had not been repealed;
(b)in the case of that order, be dealt with in terms of the provisions of section 51A and whenever applicable, any other relevant provisions, of the Labour Relations Act as if the provisions in question had not been repealed.

 

(7)An exclusion granted in terms of section 51(12) of the Labour Relations Act will remain in force until it is withdrawn by the Minister.

 

(8)After the commencement of this Act and despite the repeal of the Labour Relations Act—
(a)any person or class of persons bound by an agreement or award remaining in force in terms of subitem (1), may apply in accordance with the provisions of section 51 of the Labour Relations Act for an exemption from all or any of the provisions of that agreement or award (as the case may be). Any application so made must be dealt with in terms of the provisions of section 51 and, whenever applicable, any other relevant provisions, of the Labour Relations Act, in all respects, as if the provisions in question had not been repealed;
(b)any person bound by an order remaining in force in terms of subitem (1), may apply in accordance with the provisions of section 51A of the Labour Relations Act for an exemption from any provision of that order. Any application so made must be dealt with in terms of the provisions of section 51A and, whenever applicable, any other relevant provisions, of the Labour Relations Act, in all respects, as if the provisions in question had not been repealed.