LABOUR RELATIONS AMENDMENT ACT - Department of …

1 REPUBLIC OF SOUTH AFRICALABOUR RELATIONSAMENDMENT ACTREPUBLIEK VAN SUID-AFRIKAWYSIGINGSWET OPARBEIDSVERHOUDINGENo, 2002 GENERAL EXPLANATORY NOTE:[]Words in bold type in square brackets indicate omissions fromexisting underlined with a solid line indicate insertions inexisting amend the LABOUR RELATIONS Act, 1995, so as to provide for the enforcement of collective bargaining agreements;the extension of the functions of bargaining councils so as to enhance theeffective enforcement of bargaining council agreements and to clarify thedispute resolution powers of bargaining councils;the rationalisation of the registration and amalgamation of bargainingcouncils in the public service and for the resolution of jurisdictionaldisputes between such bargaining councils.

2 The extension of the information that bargaining councils must supply to theregistrar and for the clarification of the registrar s powers in respect ofbargaining councils and in respect of registration and winding-up ofemployers organisations and trade unions;the extension of the powers of the Commission to make rules concerningprocedures;the making of regulations by the Minister concerning representation at theCommission and the charging of fees by the Commission;the making of settlement agreements into arbitration awards or LABOUR Courtorders;the exclusion of the application of the Arbitration Act, 1965, to bargainingcouncil arbitrations;the concurrent appointment of LABOUR Court judges as High Court judges;the regulation of the right of employees not to be subjected to unfair labourpractices;the regulation of the resolution of disputes concerning an occupationaldetriment in terms of the Protected Disclosures Act, 2000;the clarification and revision of procedures for resolving disputes in respect ofdismissals based on the employer s operational requirements.

3 The expediting of the resolution of disputes by the Commission by conciliationor arbitration;the clarification of the compensation that may be awarded in respect of unfairdismissals;the clarification of the transfer of contracts of employment in the case oftransfers of a business, trade or undertaking as a going concern;a rebuttable presumption as to who is an employee;and to provide for matters incidental IT ENACTED by the Parliament of the Republic of South Africa, asfollows: AMENDMENT of section 23 of Act 66 of 23 of the LABOUR RELATIONS Act, 1995 (hereinafter referred to as theprincipal Act), is amended by the substitution for subsection (4) of the followingsubsection: (4) Unless thecollective agreementprovides otherwise, any party to acollective agreementthat is concluded for an indefinite period may terminate theagreement by giving reasonable notice in writing to the other parties.

4 AMENDMENT of section 24 of Act 66 of 24 of the principal Act is amended by (a)the substitution for subsection (1) of the following subsection: (1) Everycollective agreementexcluding an agency shop agreementconcluded in terms of section 25 or a closed shop agreement concludedin terms of section 26 or a settlement agreement contemplated in eithersection 142A or 158(1)(c), must provide for a procedure to resolve anydisputeabout the interpretation or application of thecollective agree-ment. The procedure must first require the parties to attempt to resolvethedisputethrough conciliation and, if thedisputeremains unresolved,to resolve it through arbitration.

5 ; and(b)the addition of the following subsection: (8) If there is adisputeabout the interpretation or application of asettlement agreement contemplated in either section 142A or 158(1)(c),a party may refer thedisputeto acouncilor the Commission andsubsections (3) to (5), with the necessary changes, apply to thatdispute.. AMENDMENT of section 28 of Act 66 of 28 of the principal Act is amended by (a)the deletion in subsection (1) after paragraph(i)of the word and ; and(b)the addition to subsection (1) of the following paragraphs: (k)to provide industrial support services within the sector; and(l)to extend the services and functions of thebargaining counciltoworkers in the informal sector and home workers.

6 AMENDMENT of section 29 of Act 66 of 29 of the principal Act is amended by (a)the substitution for subsection (3) of the following subsection: (3) As soon as practicable after receiving the application, theregistrarmust publish a notice containing the material particulars of theapplication in the Government Gazette and send a copy of the notice toNEDLAC. The notice must inform the general public that they (a)may object to the application on any of the grounds referred to insubsection (4); and(b)have 30 days from the date of the notice toserveany objection ontheregistrarand a copy on the applicant.

7 ; and(b)the addition of the following subsection: (16) Subsections (3) to (10) and (11)(b)(iii) and (iv) do not apply tothe registration or amalgamation ofbargaining councilsin the publicservice.. AMENDMENT of section 32 of Act 66 of 1995, as amended by section 7 of Act 42 of1996 and substituted by section 2 of Act 127 of 32 of the principal Act is amended by (a)the substitution in subsection (5) for paragraph(a)of the following paragraph:45101520253035404550 (a)the parties to thebargaining councilare sufficiently representativewithin theregistered scopeof thebargaining council[in the area inrespect of which the extension is sought]; and.

8 And(b)the addition of the following subsection: (10) If the parties to acollective agreementthat has been extended interms of this section terminate the agreement, they must notify theMinister in writing.. AMENDMENT of section 33 of Act 66 of 33 of the principal Act is amended by (a)the substitution for subsection (1) of the following subsection: (1) TheMinistermay at the request of abargaining councilappointany person as the designated agent of thatbargaining councilto[help itenforce]promote, monitor and enforce compliance with anycollectiveagreementconcluded in thatbargaining council.

9 ;(b)the insertion after subsection (1) of the following subsection: (1A) A designated agent may (a)secure compliance with the council scollective agreementsby (i) publicising the contents of the agreements;(ii) conducting inspections;(iii) investigating complaints; or(iv) any other means the council may adopt; and(b)perform any other functions that are conferred or imposed on theagent by the council. ; and(c)the substitution for subsection (3) of the following subsection: (3) Within theregistered scopeof abargaining council, a designatedagent of thebargaining councilhas all the powers[conferred on acommissioner by section 142, read with the changes required by thecontext, except the powers conferred by section 142(1)(c)and(d).]

10 Any reference in that subsection to the director for the purpose ofthis section, must be read as a reference to the secretary of thebargaining council.]set out in Schedule 10..Insertion of section 33A in Act 66 of following section is inserted after section 33 of the principal Act: Enforcement of collective agreements by bargaining councils33A.(1) Despite any other provision in this Act, abargaining councilmay monitor and enforce compliance with itscollective agreementsinterms of this section or acollective agreementconcluded by the parties tothe council.(2) For the purposes of this section, acollective agreementis deemed toinclude (a)any basic condition of employment which in terms of section 49(1) oftheBasic Conditions of Employment Actconstitutes a term ofemployment of any employee covered by thecollective agreement;and(b)the rules of any fund or scheme established by thebargaining council.