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

Schedules

Schedule 9 : Model Constitution for a Statutory Council

4. Parties
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(1)The founding parties to the council are—
(a)the following employers" organisation(s)—
(i)....................................................................................................;
(ii)....................................................................................................; and
(iii)....................................................................................................; and

                         (names)

(b) following trade union(s)—
(i)....................................................................................................;
(ii)....................................................................................................; and
(iii)....................................................................................................

                         (names)

 

(2)Any registered trade union or registered employers" organisation that has members that fall within the registered scope of the council may apply in writing to the council for admission as a party.

 

(3)The application must be accompanied by—
(a)a certified copy of the applicant"s registered constitution;
(b)a certified copy of the applicant"s certificate of registration;
(c)details of the applicant"s membership within the registered scope of the council, including, in the case of an employers" organisation, the number of employees that its members employ within the council"s registered scope;
(d)a statement of the reasons why the applicant ought to be admitted as a party to the council; and
(e)any other information on which the applicant relies in support of the application.

 

(4)The council, within 90 days of receiving an application for admission, must decide whether to grant or refuse the applicant admission, and must advise the applicant of its decision, failing which the council is deemed to have refused the applicant admission.

 

(5)If the council refuses to admit an applicant it must, within 30 days of the date of the refusal, advise the applicant in writing of its decision and the reasons for that decision.