It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
ACT
To amend the Labour
Relations Act, 1995, so as to limit the deduction of agency fees from the
wages of employees who are not members of the representative trade union, to
those of them who, nevertheless, qualify for membership thereof; to regulate the
extension of any collective agreement that has been concluded in a bargaining
council and that does not apply to all employees under the jurisdiction of that
council; to empower the dispute resolution committee as regards the resolution
of disputes between different bargaining councils in the public service; to
provide for a council to enter into an agreement with the Commission for
Conciliation, Mediation and Arbitration, or any accredited agency, to resolve
disputes on the council's behalf; to provide for the referral to that Commission
of demarcation disputes arising during arbitration proceedings; to allow of
disputes between employees engaged in maintenance services and their employer,
to be referred to arbitration in certain circumstances; to adjust the provisions
relating to the constitution of a workplace forum and certain other provisions
relating to a workplace forum; to provide for the abovementioned Commission to
contract with an accredited agency to perform certain functions on the
Commission's behalf; to empower the Commission to perform the dispute resolution
functions of any council that has failed to do so; to allow, in certain limited
circumstances, of a person to continue functioning as a judge of the Labour
Court or the Labour Appeal Court after the expire of his or her appointment as a
judge of such a Court; to make certain adjustments to the provisions relating to
the Rules Board for Labour Courts and the appointment of acting judges of the
Labour Court; to provide for the appointment of acting judges of the Labour
Appeal Court; to prescribe the maximum fine payable by a person convicted of the
offence contemplated in section 201; to provide that exclusions (from the
operation of certain agreements, notices, awards and orders) in force under
section 51(12) of the Labour Relations Act, 1956, will continue in force until
withdrawn by the Minister of Labour, and that orders (concerning wages or other
conditions of employment) in force under section 51A of the latter Act, will
continue in force for a certain period; in item 13 of Schedule 7 to defer the
date upon which the provisions of sections 25 and 26 relating to agency shop
agreements and closed shop agreements, respectively, will become effective; to
effect certain technical amendments to the text; and to provide for incidental
matters.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
Amendment of section 25 of Act 66 of 1995
1. Section 25 of the Labour Relations Act, 1995 (hereinafter referred to as
the principal Act), is hereby amended-
(a) by the substitution for subsection (I) of the following subsection:
"(l) A representative trade union and an employer or employers '
organisation may conclude a collective agreement, to be known as an agency
shop agreement, requiring the employer to deduct an agreed agency fee from
the wages of [its] employees [who are] identified in the
agreement [and] who are not members of the trade union but are
eligible for membership thereof."; and
(b) in paragraph (d) of subsection (3) by the substitution for the portion
preceding subparagraph (i) of the following:
Amendment of section 26 of Act 66 of 1995
2. Section 26(3) of the principal Act is hereby amended by the substitution
in paragraph (d) for the portion preceding subparagraph (i) of the following:
Amendment of section 27 of Act 66 of 1995
3. Section 27 of the principal Act is hereby amended by the addition after
subsection (3) of the following subsection:
Amendment of section 29 of Act 66 of 1995
4. Section 29 of the principal Act is hereby amended by the substitution for
the expression "30-dae tydperk" where it occurs in subsections (13)
and (14) in the Afrikaans text of the expression "30-daetydperk".
Amendment of section 30 of Act 66 of 1995
5. Section 30 of the principal Act is hereby amended-
(a) by the substitution in subsection ( l ) for the portion preceding
paragraph (a) of the following:
(b) by the addition after subsection (4) of the following subsection:
"(5) The procedures for the resolution of disputes referred to in
subsection (I)(h), (i) and (j) may not entrust dispute resolution functions
to the Commission unless the governing body of the Commission has agreed
thereto.".
Substitution of section 31 of Act 66 of 1995
6. The following section is hereby substituted for section 31 of the
principal Act:
"31. Binding nature of collective agreement concluded in bargaining
council
Subject to the provisions of section 32 and the constitution of the
bargaining council, a collective agreement concluded in a bargaining council
binds [only]-
(a) the parties to the bargaining council who are also parties to the
collective agreement;
(b) each party to the collective agreement and the members of every other
party to the collective agreement in so far as the provisions thereof apply
to the relationship between such a party and the members of such other
party; and
(c) the members of a registered trade union that is a party to the
collective agreement and the employers who are members of a registered
employers' organisation that is such a party, if the collective agreement
regulates
(I) terms and conditions of employment; or
(ii) the conduct of the employers in relation to their employees or the
conduct of the employees in relation to their ` employers.".
Amendment of section 32 of Act 66 of 1995
7. Section 32 of the principal Act is hereby amended-
(a) by the substitution for paragraphs (b) and (c) of subsection (3) of the
following paragraphs:
"(b) the majority of all the employees [employed within the
registered scope of the bargaining council] who, upon extension of the
collective agreement, will fall within the scope of the agreement, are members
of the trade unions that are [party] parties to the bargaining council;
(c) the members of the employers' organisations that are [party]
parties to the bargaining council will, upon the extension of the collective
agreement, be found to employ the majority of all the employees [employed
within the registered scope of the bargaining council] who fall within the
scope of the collective agreement;";
(b) by the substitution for paragraphs (a) and (b) of subsection (5) of the
following paragraphs:
"(a) the parties to the bargaining council are sufficiently
representative within the registered scope of the bargaining council in the
area in respect of which the extension is sought; and
(b) the Minister is satisfied that [the] failure to extend the
agreement may undermine collective bargaining at sectoral level or in the
public service as a whole.", and
(c) by the addition after subsection (8) of the following subsection:
"(9) For the purposes of extending collective agreements concluded
in the Public Service Co-ordinating Bargaining Council or any bargaining
council contemplated in section 37(3) or (4)-
(a) any reference in this section to an employers' organisation must be
read as a reference to the State as employer; and
(b) subsections (3)(c), (e) and (f) and (4) of this section will not
apply ".
Amendment of section 37 of Act 66 of 1995
8. Section 37(4) of the principal Act is hereby amended by the substitution
for paragraph (b) of the following paragraph:
"(b) A bargaining council must be established in respect of a sector
designated by the President in terms of paragraph (a), and the provisions of
item [3(3) to (9)] 3(4) to (10) of Schedule 1 will apply.".
Amendment of section 38 of Act 66 of 1995
9. Section 38 of the principal Act is hereby amended
(a) by the substitution for subsections (2), (3) and (4) of the following
subsections:
"(2) The functions of the dispute resolution committee are to resolve
any jurisdictional dispute between the Public Service Co-ordinating Bargaining
Council and any bargaining council [established in terms of]
contemplated in section 37(3), or between two or more bargaining councils of
the latter type.
(3) If there is a jurisdictional dispute between the Public Service Co-
ordinating Bargaining Council and a bargaining council [established in
terms of] contemplated in section 37(3), or between two or more bargaining
councils of the latter type, any party to the dispute may refer the dispute in
writing to the dispute resolution committee.
(4) The party who refers the dispute to the dispute resolution committee
must satisfy [it] that committee that a copy of the referral has been
served on [the Public Service Co-ordinating Bargaining Council] all
other bargaining councils that are parties to the dispute."; and
(b) by the substitution for subsection (6) of the following subsection:
"(6) If the dispute remains unresolved, any party to the dispute may
request that the dispute be resolved through arbitration by the dispute
resolution committee.".
Amendment of section 43 of Act 66 of 1995
10. Section 43 of the principal Act is hereby amended by the substitution for
subsection (3) of the following subsection:
" (3) If a statutory council concludes a collective agreement in terms
of subsection (1)(d), the provisions of section 31, [and] 32 and 33
apply, read with the changes required by the context.".
Amendment of section 51 of Act 66 of 1995
11. Section 51 of the principal Act is hereby amended-
(a) in paragraph (a) of subsection (2) by the addition to the existing
provisions, which become subparagraph (i), of the following subparagraph:
"(ii) For the purposes of subparagraph (i), a party to a council
includes the members of any registered trade union or registered employers'
organisation that is a party to the council."; and
(b) by the addition after subsection (5) of the following subsection:
"(6) A council may enter into an agreement with the Commission or an
accredited agency in terms of which the Commission or accredited agency is to
perform, on behalf of the council, its dispute resolution functions in terms
of this section.".
Substitution of section 52 of Act 66 of 1995
12. The following section is hereby substituted for section 52 of the
principal Act:
"52. Accreditation of council or appointment of accredited agency
(I) With a view to performing its dispute resolution functions in terms of
section 51(3), every council must-
(a) apply to the governing body of the Commission for accreditation
to perform [any of the functions referred to in section 51] those
functions; or
(b) appoint an accredited agency to perform [any] those of the
functions referred to in section [51] 51 (3) for which the council is not
accredited.
(2) The council must advise the Commission in writing as soon as possible
of the appointment of an accredited agency in terms of subsection (I)(b), and
the terms of that appointment."
.
Amendment of section 53 of Act 66 of 1995
13. Section 53(5) of the principal Act is hereby amended by the substitution
for the 45 portion preceding paragraph (a) of the following: "The money of
a [bargaining] council or of any fund established by a [bargaining] council that
is surplus to its requirements, or the expenses of the fund, may be invested
only in-".
Amendment of section 55 of Act 66 of 1995
14. Section 55 of the principal Act is hereby amended-
(a) by the substitution for subsection (l) of the following subsection:
"(l) A council may delegate any of its powers and functions to
a committee on any conditions [but any decision of a committee may be
amended or set aside by] imposed by the council in accordance with its
constitution."; and
(b) by the deletion of subsection (3).
Amendment of section 58 of Act 66 of 1995
15. Section 58 of the principal Act is hereby amended by the substitution for
subsection (l) of the following subsection:
"(l) If the registrar is satisfied that the sector and area within
which a council is representative does not coincide with the registered scope
of the council, the registrar, acting independently or in response to an
application from the council [or NEDLAC], may vary the registered scope
of the council.".
Amendment of section 62 of Act 66 of 1995
16. Section 62 of the principal Act is hereby amended-
(a) in subsection (l) by the substitution for the portion preceding paragraph
(a) of the following:
"Any registered trade union, employer, employee, registered employers'
organisation or council that has a direct or indirect interest in the
application contemplated in this section may apply to the Commission in the
prescribed form and manner for a determination as to-"; and
(b) by the insertion after subsection (3) of the following subsection:
"(3A) In any proceedings before an arbitrator about the interpretation
or application of a collective agreement, if a question contemplated in
subsection (I)(a) or (b) is raised, the arbitrator must adjourn those
proceedings and refer the question to the Commission if the arbitrator is
satisfied that-
(a) the question raised-
(i) has not previously been determined by arbitration in terms of this
section; and
(ii) is not the subject of an agreement in terms of subsection (2); and
(b) the determination of the question raised is necessary for the purposes
of the proceedings.".
Amendment of section 63 of Act 66 of 1995
17. Section 63(1) of the principal Act is hereby amended by the substitution
for paragraph (a) of the following paragraph:
"(a) the dispute [did not arise] has arisen in the course of
arbitration proceedings or proceedings in the Labour Court; or".
Amendment of section 64 of Act 66 of 1995
18. Section 64(2) of the principal Act is hereby amended by the deletion of
the word "and" where it occurs at the end of paragraph (b).
Amendment of section 66 of Act 66 of 1995
19. Section 66 of the principal Act is hereby amended by the substitution for
subsection (I) of the following subsection:
"(I) In this section 'secondary strike' means a strike, or conduct in
contemplation or furtherance of a strike, that is in support of a strike by
other employees against their employer, but does not include a strike in
pursuit of a demand [and] that has been referred to a council if the striking
employees, employed within the registered scope of that council, have a
material interest in that demand." .
Amendment of section 69 of Act 66 of 1995
20. Section 69(2) of the principal Act is hereby amended by the substitution
for the portion preceding paragraph (a) of the following:
"Despite any law regulating the right of assembly, a picket authorised
in terms of subsection (I) may be held-" .
Amendment of section 74 of Act 66 of 1995
21. Section 74(7) of the principal Act is hereby amended-
(a) by the deletion of the word "and" where it occurs at the end of
paragraph (a); and
(b) by the substitution for paragraph (b) of the following paragraph:
"(b) the period referred to in subsection (5)(b), that period will run
from the expire of the period referred to in [subsection (a)] paragraph
(a) of this subsection or from the beginning of the next session of
Parliament. "
Amendment of section 75 of Act 66 of 1995
22. Section 75 of the principal Act is hereby amended-
(a) by the substitution for subsection (2) of the following subsection:
"(2) If there is no collective agreement relating to the provision of
a maintenance service, an employer may apply in writing to the essential
services committee for a determination that the whole or a part of the
employer's business or service is a maintenance service.";
(b) by the substitution for subsection (4) of the following subsection:
"(4) The essential services committee must determine, as soon as
possible, whether or not the whole or a part of the employer's business or
service is a maintenance service.";
and
(c) by the addition after subsection (4) of the following subsections:
"(5) As part of its determination in terms of subsection (4), the
essential services committee may direct that any dispute in respect of which
the employees engaged in a maintenance service would have had the right to
strike, but for the provisions of section 65(1)(d)(ii), be referred to
arbitration.
(6) The committee may not make a direction in terms of subsection (5) if-
(a) the terms and conditions of employment of the employees engaged in
the maintenance service are determined by collective bargaining; or
(b) the number of employees prohibited from striking because they are
engaged in the maintenance service does not exceed the number of employees
who are entitled to strike.
(7) If a direction in terms of subsection (5) requires a dispute to be
resolved by arbitration-
(a) the provisions of section 74 will apply to the arbitration; and
(b) any arbitration award will be binding on the employees engaged in the
maintenance service and their employer, unless the terms of the award are
varied by a collective agreement.".
Amendment of section 78 of Act 66 of 1995
23. Section 78(a) of the principal Act is hereby amended by the deletion of
subparagraph (i).
Amendment of section 80 of Act 66 of 1995
24. Section 80(8) of the principal Act is hereby amended by the deletion of
the word "remaining "
Amendment of section 82 of Act 66 of 1995
25. Section 82(1) of the principal Act is hereby amended-
(a) by the substitution for paragraph (s) of the following paragraph:
"(s) provide for the designation of full-time members of the workplace
forum [where] if there are more than 1000 employees in a
workplace;";
(b) by the substitution for paragraph (t) of the following paragraph:
"(t) provide that the [forum] workplace forum may invite any
expert to attend its meetings [of the workplace forum], including
meetings with the employer of the employees, and that an expert is entitled to
any information to which the workplace forum is entitled and to inspect and
copy any document that members of the workplace forum [is] are entitled
to inspect and copy;"
(c) by the deletion of the word "and" where it occurs at the end of
paragraph (u);
(d) by the addition of the word "and" at the end of paragraph (v);
and
(e) by the addition after paragraph (v) of the following paragraph:
Amendment of section 87 of Act 66 of 1995
26. Section 87 of the principal Act is hereby amended by the substitution for
subsection (4) of the following subsection:
"(4) A review of the disciplinary codes and procedures, and rules,
must be conducted in accordance with the provisions of section 86(2) to (7)
except that, in applying section 86(4), either the employer or the workplace
forum may refer a dispute between them to arbitration or to the
Commission.".
Amendment of section 88 of Act 66 of 1995
27. Section 88 of the principal Act is hereby amended by the substitution for
subsection (I) of the following subsection:
"(I) If the employer operates more than one workplace and separate
workplace forums have been established in two or more of those workplaces, and
if a matter has been referred to arbitration in terms of section 86(4)(a) or
(b) or by a workplace forum in terms of section 87(4), the employer may give
notice in writing to the chairpersons of all the workplace forums that no
other workplace forum may refer a matter that is substantially the same as the
matter referred to arbitration.".
Amendment of section 89 of Act 66 of 1995
28. Section 89 of the principal Act is hereby amended by the insertion after
subsection (2) of the following subsection:
"(2A) The employer must notify the workplace forum in writing if of
the view that any information disclosed in terms of subsection (I) is
confidential.".
Amendment of section 94 of Act 66 of 1995
29. Section 94(1) of the principal Act is hereby amended by the insertion
after paragraph (a) of the following paragraph:
Amendment of section 103 of Act 66 of 1995
30. Section 103(3) of the principal Act is hereby amended by the insertion of
the word "an" between the words "granting" and
"order".
Amendment of section 115 of Act 66 of 1995
31. Section 115 of the principal Act is hereby amended-
(a) in subsection (2) by the deletion of paragraphs (d), (e) and (i); and
(b) in subsection (3) by the substitution for paragraph (i) of the following
paragraph:
Amendment of section 124 of Act 66 of 1995
32. Section 124(1) of the principal Act is hereby amended by the substitution
for paragraph (a) of the following paragraph:
"(a) contract with any person to do work for the Commission [and]
or contract with an accredited agency to perform, whether for reward or
otherwise, any function of the Commission on its behalf; and".
Amendment of section 127 of Act 66 of 1995
33. Section 127(4) of the principal Act is hereby amended-
(a) by the addition of the word "and" at the end of paragraph (f);
(b) by the substitution for the expression "society; and", where it
occurs at the end of paragraph (g), of the expression "society."; and
(c) by the deletion of paragraph (h).
Amendment of section 128 of Act 66 of 1995
34. Section 128(1) of the principal Act is hereby amended by the substitution
for paragraph (a) of the following paragraph:
"(a) An accredited council or accredited agency may charge a fee for
performing any of the functions for which it is accredited in circumstances in
which [this Act] section 140(2) allows [the Commission, or] a
commissioner to charge a fee.".
Amendment of section 132 of Act 66 of 1995
35. Section 132 of the principal Act is hereby amended by the substitution
for subsection (l) of the following subsection:
"(I)(a) Any council may apply to the governing body in the prescribed
form for a subsidy for performing any dispute resolution functions that the
council is required to perform in terms of this Act, and for training persons
to perform those functions.
(b)) Any accredited agency, or a private agency that has applied for
accreditation, may apply to the governing body in the prescribed form for a
subsidy for performing any dispute resolution functions for which it is
accredited or has applied for accreditation, and for training persons to
perform those functions.".
Amendment of section 135 of Act 66 of 1995
36. Section 135 of the principal Act is hereby amended-
(a) by the substitution for the expression "30-dae tydperk" where
it occurs in subsection (2) of the Afrikaans text of the expression
"30-daetydperk"; and
(b) in subsection (5) by the substitution for the portion preceding paragraph
(a) of the following:
"When conciliation has failed, or at the end of the 30 day period or
any further period agreed between the parties-"; and
(c) by the substitution for the expression "sewe-dae tydperk" where
it occurs in subsection (6)(b) of the Afrikaans text of the expression "sewedaetydperk".
Amendment of section 137 of Act 66 of 1995
37. Section 137(4) of the principal Act is hereby amended by the substitution
for paragraph (b) of the following paragraph:
"(b) if the application has been refused, confirm the appointment of
the commissioner initially appointed, subject to section 136(4)." .
Amendment of section 138 of Act 66 of 1995
38. Section 138(10) of the principal Act is hereby amended by the addition of
the word "or" at the end of paragraph (a).
Amendment of section 141 of Act 66 of 1995
39. Section 141(6) of the principal Act is hereby amended by the substitution
for the expression "(I)(a)" of the expression "(l)" .
Amendment of section 142 of Act 66 of 1995
40. Section 142(1) of the principal Act is hereby amended in paragraph (f) by
the addition after subparagraph (ii) of the following subparagraph:
"(iii) take a statement in respect of any matter relevant to the
resolution of the dispute from any person on the premises who is willing to
make a statement; and "
Amendment of section 147 of Act 66 of 1995
41. Section 147 of the principal Act is hereby amended-
(a) in paragraph (a) of subsection (5) by the substitution for the portion
preceding subparagraph (i) of the following:
"If at any stage after a dispute has been referred to the Commission,
it becomes apparent that the dispute ought to have been referred to an
accredited agency [in terms of a collective agreement between the parties to
the dispute], the Commission may-";
(b) by the substitution for subsection (6) of the following subsection:
"(6) [(a)] If at any stage after a dispute has been referred to the
Commission, it becomes apparent that the dispute ought to have been resolved
through private dispute resolution in terms of a private agreement between the
parties to the dispute, the Commission may-
[(i)](a) refer the dispute to the appropriate person or body for
resolution through private dispute resolution procedures; or
[(ii)](b) appoint a commissioner to resolve the dispute in terms of this
Act."; and
(c) by the addition after subsection (7) of the following subsections:
"(8) The Commission may perform any of the dispute resolution
functions of a council or an accredited agency appointed by the council if
the council or accredited agency fails to perform its dispute resolution
functions in circumstances where, in law, there is an obligation to perform
them.
(9) For the purposes of subsections (2) and (3), a party to a council
includes the members of a registered trade union or registered employers'
organisation that is a party to the council."
Amendment of section 153 of Act 66 of 1995
42. Section 153 of the principal Act is hereby amended-
(a) by the substitution for subsection (5) of the following subsection:
"(5) [The President, acting on the advice of NEDLAC and the Judicial
Service Commission as defined in section 105 of the Constitution, and after
consultation with] The Minister of Justice [and the], after
consultation with the Judge President of the Labour Court, may appoint one or
more persons who meet the requirements of subsection (6) to serve as acting
judges of the Labour Court for such a period as the Minister of Justice in
each case may determine."; and
(b) in subsection (6)(a) by the substitution for subparagraph (ii) of the
following subparagraph:
"(ii) be a person who [has been] is a legal practitioner [for a
cumulative period of at least 10 years before that person's appointment];
and".
Amendment of section 154 of Act 66 of 1995
43. Section 154 of the principal Act is hereby amended-
(a) by the substitution for paragraph (a) of subsection (5) of the following
paragraph:
"(a) The remuneration payable to a judge of the Labour Court [appointed
in terms of section 153(6)] who is a person referred to in section 153(6)(a)(ii),
must be the same as that payable to a judge of the Supreme Court."; and
(b) by the addition after subsection (7) of the following subsections:
"(8) Despite the expire of the period of a person's appointment as a
judge of the Labour Court, that person may continue to perform the functions
of a judge of that Court, and will be regarded as such in all respects, only-
(a) for the purposes of disposing of any proceedings in which that person
has taken part as a judge of that Court and which are still pending upon the
expire of that person's appointment or which, having been so disposed of
before or after the expire of that person's appointment, have been re-opened;
and
(b) for as long as that person will be necessarily engaged in connection
with the disposal of the proceedings so pending or re-opened.
(9) The provisions of subsections (2) to (8) apply, read with the changes
required by the context, to acting judges appointed in terms of section
153(5).".
Amendment of section 158 of Act 66 of 1995
44. Section 158(1) of the principal Act is hereby amended by the substitution
for paragraph (e) of the following paragraph:
"(e) determine a dispute between a registered trade union [, a] or
registered
employers' organisation and any one of [its] the members or applicants for
membership thereof, about any alleged non-compliance with=
(I) the constitution of that trade union or employers' organisation (as the
case may be); or
(ii) section 26(5)(b);" .
Amendment of section 159 of Act 66 of 1995
45. Section 159 of the principal Act is hereby amended-
(a) in subsection (3) by the substitution for the expression "section
8", where it occurs in paragraph (e), of the expression "section
6"; and
(b) by the addition after subsection (6) of the following subsections:
"(7) (a) A member of the Board who is a judge of the Supreme Court may
be paid an allowance determined in terms of subsection (9) in respect of the
performance of the functions of a member of the Board.
(b) Notwithstanding anything to the contrary in any other law, the
payment, in terms of paragraph (a), of an allowance to a member of the Board
who is a judge of the Supreme Court, will be in addition to any salary or
allowances, including allowances for reimbursement of travelling and
subsistence expenses, that is paid to that person in the capacity of a judge
of that Court.
(8) A member of the Board who is not a judge of the Supreme Court nor
subject to the Public Service Act, 1994, will be entitled to the remuneration,
allowances (including allowances for reimbursement of travelling and
subsistence expenses), benefits and privileges determined in terms of
subsection (9).
(9) The remuneration, allowances, benefits and privileges of the members of
the Board-
(a) are determined by the Minister of Justice with the concurrence of the
Minister of Finance;
(b) may vary according to rank, functions to be performed and whether
office is held in a full-time or part-time capacity; and
(c) may be varied by the Minister of Justice under any law in respect of
any person or category of persons.
(10) (a) Pending publication in the Government Gazette of rules made by the
Board, matters before the Court will be dealt with in accordance with such
general directions as the Judge President of the Labour Court, or any other
judge or judges of that Court designated by the Judge President for that
purpose, may consider appropriate and issue in writing;
(b) Those directions will cease to be of force on the date of the
publication of the Board's rules in the Government Gazette, except in relation
to proceedings already instituted before that date. With regard to those
proceedings, those directions will continue to apply unless the Judge
President of the Labour Court has withdrawn them in writing.".
Amendment of section 168 of Act 66 of 1995
46. Section 168(1) the principal Act is hereby amended by the substitution
for paragraph (c) of the following paragraph:
"(c) [three] such number of other judges who are judges of the
Supreme
Court, as may be required for the effective functioning of the Labour
Appeal Court.".
Substitution of section 169 of Act 66 of 1995
47. The following section is hereby substituted for section 169 of the
principal Act:
"169. Appointment of other judges of Labour Appeal Court
(I) The President, acting on the advice of NEDLAC and the Judicial Service
Commission as defined in section 105 of the Constitution, after consultation
with the Minister of Justice and the Judge President of the Labour Appeal
Court, must appoint the [three] judges of the Labour Appeal Court
referred to in section 168(1)(c).
(2) The Minister of Justice, after consultation with the Judge President of
the Labour Appeal Court, may appoint one or more judges of the Supreme Court
to serve as acting judges of the Labour Appeal Court.".
Amendment of section 170 of Act 66 of 1995
48. Section 170 of the principal Act is hereby amended by the addition after
subsection (5) of the following subsections:
"(6)Despite the expire of the period of a person's appointment as a
judge of the Labour Appeal Court, that person may continue to perform the
functions of a judge of that Court, and will be regarded as such in all
respects, only-
(a) for the purposes of disposing of any proceedings in which that person
has taken part as a judge of that Court and which are still pending upon the
expire of that person's appointment or which, having been so disposed of
before or after the expire of that person's appointment, have been re- opened;
and
(b) for as long as that person will be necessarily engaged in connection
with the disposal of the proceedings so pending or re-opened.
(7) The provisions of subsections (2) to (6) apply, read with the changes
required by the context, to acting judges appointed in terms of section l
169(2). " .
Amendment of section 201 of Act 66 of 1995
49. Section 201 of the principal Act is hereby amended by the substitution
for subsection (3) of the following subsection:
"(3) (a) A person convicted of an offence in terms of this section,
may be sentenced to a fine [to be determined by the court, or imprisonment]
not exceeding R10,000.
(b) The Minister, in consultation with the Minister of Justice, may from
time to time by notice in the Government Gazette, amend the maximum amount of
the fine referred to in paragraph (a)."
Amendment of section 207 of Act 66 of 1995
50. Section 207 of the principal Act is hereby amended-
(a) by the substitution for subsection (I) of the following subsection:
"(I) The Minister. after consulting NEDLAC, by notice in the
Government Gazette, may add to, change or replace any Schedule to this Act,
including a schedule which at any time may have been added to this Act, but
excluding Schedules 1 [and 7], 5 and 6."; and
(b) by the substitution for subsections (5) and (6) of the following
subsections:
"(5) The [Minister] Minister may add to, change or replace any
page header or footnote.
(6) The [Minister] Minister, in consultation with the Minister of
Trade and Industry and after consulting [NEDLAC] NEDLAC, by notice in
the Government Gazette, may add to this Act a further schedule listing
institutions referred to in section 32(4).".
Insertion of section 208A in Act 66 of 1995
51. The following section is hereby inserted in the principal Act after
section 208:
"208A. Delegations
(l) The Minister, in writing, may delegate to the Director General or any
other officer of the Department of Labour any power, function or duty
conferred or imposed upon the Minister in terms of this Act, except the
powers, functions and duties contemplated in section 32 (but excluding
subsection (6)), and sections 44, 207 and 208.
(2) A delegation in terms of subsection (l) does not limit or restrict the
competence of the Minister to exercise or perform any power, function or duty
that has been delegated.
(3) The Minister may make a delegation subject to any conditions or
restrictions that are deemed fit.
(4) The Minister may at any time-
(a) withdraw a delegation made in terms of subsection (I); and
(b) withdraw or amend any decision made by a person in exercising a power
or performing a function or duty delegated in terms of subsection (l).
"
Amendment of section 213 of Act 66 of 1995
52. Section 2l3 of the principal Act is hereby amended by the deletion of the
symbols "(d)", "(e)" and "(f)" preceding the
definitions of "director", "dispute" and
"employee", respectively.
Amendment of section 214 of Act 66 of 1995
53. Section 214 of the principal Act is hereby amended by the substitution
for subsection (2) of the following subsection:
"(2) This Act [comes] will come into operation on a date [fixed]
to be determined by the President by proclamation in the Government Gazette,
except in the case of any provision in relation to which some other
arrangement regarding commencement is made elsewhere in this Act.".
Amendment of Schedule 1 to Act 66 of 1995
54. Schedule 1 to the principal Act is hereby amended by the substitution for
paragraph (a) of item 2(6) of the following paragraph:
"(a) issue a certificate of registration that must specify the
registered scope of the Public [Services] Service Co-ordinating
Bargaining Council; and".
Amendment of Schedule 5 to Act 66 of 1995
55. Schedule 5 to the principal Act is hereby amended by the insertion of the
following items after item 2:
"3. Amendment of section 2 of Pension Funds Act, 1956
Section 2 of the Pension Funds Act,1956 (Act No. 24 of 1956), is hereby
amended by the substitution for subsection (1) of the following subsection:
'(I) The provisions of this Act shall not apply in relation to any pension
fund which has been established in terms of [an agreement published or
deemed to have been published under section 48] a collective agreement
concluded in a council in terms of the Labour Relations Act, [1956 (Act No. 28
of 1956)] 1995 (Act No. 66 of 1995), except that such fund shall from time to
time furnish the registrar with such statistical information as may be
requested by the Minister.'.
4. Amendment of section 2 of Medical Schemes Act, 1967
Section 2(1) of the Medical Schemes Act, 1967 (Act No. 72 of 1967), is
hereby amended by the substitution for paragraph (g) of the following
paragraph:
'(g) shall, subject to the provisions of subsection (2A) apply with
reference to a particular medical scheme established under [an agreement
published or deemed to have been published] a collective agreement
concluded in a council in terms of [section 48 of] the Labour
Relations Act, [1956 (Act No. 28 of 1956)] 1995 (Act
No. 66 of 1995), only if the Minister [has], at the request of the Minister
of [Manpower] Labour and by notice in the Gazette, has declared the
said provisions to be applicable with reference to that medical
scheme;'.".
Amendment of Schedule 7 to Act 66 of 1995
56. Schedule 7 to the principal Act is hereby amended-
(a) by the substitution for sub-item (2) of item 8 of the following sub-item:
"(2) In any pending appeal in terms of section 16 of the Labour
Relations Act against the refusal to register or vary the scope of an
industrial council, the Minister or the registrar of the Supreme Court, as the
case may be, must refer the matter to the registrar of labour relations, who
must consider the application anew as if it were an application for
registration made in terms of this Act.";
(b) (i) by the substitution for sub-item (1) of the following sub-item:
"(l) Any agreement promulgated in terms of section 48, [and]
any award made in terms of section 50, and any order made in terms of section
51A, of the Labour Relations Act and in force immediately before the
commencement of this Act, remains in force for a period of 18 months after the
commencement of this Act or until the expire of that agreement, whichever is
the shorter period, as if [that] the Labour Relations Act had not been
repealed."; and
(ii) by the addition after sub-item (6) of the following sub-item:
"(7) An exclusion granted in terms of section 51(12) of the Labour
Relations Act will remain in force until it is withdrawn by the Minister.
":
(c) in item 13-
(I) by the substitution for paragraph (b) of sub-item (1) of the following
paragraph:
"(b) excludes an agreement promulgated in terms of section 48 of the
Labour Relations Act [or section 12 of the Education Labour Relations Act];";
and
(ii) by the substitution for sub-item (5) of the following sub-item:
"(5) An existing non-statutory agency shop or closed shop agreement is
not binding unless the agreement complies with the provisions of
[sections 25 or 26 of this Act respectively. This provision becomes]
this item. Sections 25 and 26 of this Act become effective 180 days after the
commencement of [this Act] this item.";
(d) by the substitution for item 19 of the following item:
"19. Collective agreements in South African Police Service
The provisions of the South African Police [Services Employment]
Service Labour Relations Regulations, read with the changes required by the
context, despite the repeal of those regulations, will have the effect and
status of a collective agreement binding on the State, the parties to the
National Negotiating Forum and all the employees within its registered
scope."; and
(e) by the substitution for sub-item (5) of item 22 of the following
sub-item:
"(5) Any appeal from a decision of the industrial court or the
agricultural labour court in terms of sub-item (I) or (2), must be made to the
Labour Appeal Court established by section [151] 167 of this Act, and
that Labour Appeal Court must deal with the appeal as if the labour relations
laws had not been repealed.".
Amendment of Schedule 8 to Act 66 of 1995
57. Schedule 8 to the principal Act is hereby amended by the substitution for
the heading of item 3 of the following heading:
Short title and commencement
58. This Act will be called the Labour Relations Amendment Act, 1996, and
will come into operation on a date to be determined by the President by
proclamation in the 45 Gazette.
