Public Service Act, 1994 (Act No. 103 of 1994)RegulationsPublic Service Regulations, 2016Chapter 4 : Employment MattersPart 7 : Labour matters78. Mandating and management of negotiations |
| (1) | Collective bargaining shall be regulated by the Labour Relations Act. |
| (2) | An executive authority may enter into a collective agreement on a matter of mutual interest only if that authority— |
| (a) | is responsible for managing collective bargaining on behalf of the State as employer in that forum; |
| (b) | has authority to deal with the matter concerned; and |
| (c) | meets the fiscal requirements contained in regulation 79. |
| (3) | In the Public Service Co-ordinating Bargaining Council, which deals only with matters transverse to the public service, the Minister is responsible for negotiations on behalf of the State as employer. |
| (4) | In a sectoral bargaining council which deals with matters transverse to a sector in the public service— |
| (a) | if the sector consists of only one department, the executive authority of that department is responsible for collective bargaining on behalf of the State as employer; or |
| (b) | if the sector consists of more than one department, the Cabinet shall nominate one of the departments' executive authorities to be responsible for collective bargaining on behalf of the State as employer. |