The Minister must make the regulations referred to in sections 42(2) and 45(2) in a manner that ensures that—
| (a) | members appointed to represent employees are either— |
| (i) | all nominated by agreement between registered trade unions representing at least 75% of employees belonging to such trade unions in the mining industry; or |
| (ii) | failing agreement in terms of subparagraph (i)— |
| (aa) | at least half are persons nominated by a registered trade union or unions representing the majority of employees belonging to such trade unions in the mining industry; and |
| (bb) | the rest are persons nominated by registered trade unions and appointed in accordance with the significance of the trade unions concerned; and |
| (b) | members appointed to represent employers are either— |
| (i) | all nominated by agreement between employers' organisations whose members employ at least 75% of employees in the mining industry; or |
| (ii) | failing agreement in terms of subparagraph (i)— |
| (aa) | at least half are persons nominated by an employers' organisation or organisations whose members employ the majority of the employees in the mining industry; and |
| (bb) | the rest are persons nominated by employees' organisations and appointed in accordance with the significance of the organisations concerned. |
