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

Schedules

Schedule 7 : Transitional Arrangements

Part D : Matters concerning Public Service

16. Education Labour Relations Council
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(1)The Education Labour Relations Council will continue to exist, subject to item 20.

 

(2)The registered scope of the Education Labour Relations Council is the State and those employees in respect of which the Educators" Employment Act, 1994 (Proclamation No. 138 of 1994), applies.

 

(3)Within 30 days after the commencement of this Act, the Education Labour Relations Council must furnish the registrar with a copy of its constitution signed by its authorised representatives, and with the other information or documentation.

 

(4)The constitution agreed on between the parties to the Education Labour Relations Council is deemed to be in compliance with this Act: However, where any provision of the constitution does not comply with the requirements of section 30, the registrar may direct the Council to rectify its constitution and re-submit the rectified constitution within the period specified in the direction, which period may not be shorter than three months.

 

(5)If the Education Labour Relations Council fails to comply with a direction issued to it in terms of sub-item (5), the registrar must—
(a)determine the amendments to the constitution in order to meet the requirements of section 30; and
(b)send a certified copy of the constitution to the Council.

 

(6)The Education Labour Relations Council must deal with any pending application for admission to it in terms of the Education Labour Relations Act as if the application had been made in terms of this Act.

 

(7)Any pending appeal before the industrial court or an arbitrator against a decision of the Education Labour Relations Council must, despite the repeal of any of the labour relations laws, be dealt with by the industrial court or arbitrator as if the application had been made in terms of this Act.

 

(8)Despite the repeal of the Education Labour Relations Act, any appeal against a decision of the Education Labour Relations Council may be instituted after the commencement of this Act and must be heard by the Labour Court and dealt with as if the application had been made in terms of this Act.