LABOUR ACT [Chapter 28:01] (as amended)
as may be appropriate.
(5) Any person aggrieved by any action taken
by the Registrar in terms of this section may
appeal to the Labour Court.
62 Duties of employment councils
(1) An employment council shall, within the
undertaking or industry and in the area in respect
of which it is registered—
(a) assist its members in the conclusion of
collective bargaining agreements or otherwise prevent disputes from arising, or settle
disputes that have arisen or may arise between employers or employers organizations
on the one hand and employees, workers
committees or trade unions on the other, and
shall take such steps as it may consider expedient to bring about the regulation or settlement of matters of mutual interest to such
persons or bodies:
Provided that an employment council
shall not take any steps in terms of this paragraph in respect of any matter which has
been referred to an employment board, unless the Minister requests the employment
council to do so;
(b) take such steps as it may consider expedient
to ensure that any collective bargaining
agreement and any regulations pertaining to
an undertaking or industry with which it is
concerned are being observed.
(2) The parties to an employment council registered in respect of any activity carried on by a local
authority or statutory body shall have power to
enter into an agreement such as is referred to in
subsection (1), notwithstanding anything to the
contrary contained in any law empowering the
local authority or statutory body concerned to
make provision with respect to any such agreement.
63 Designated agents of employment
councils
(1) For the purpose of enabling it to exercise its
powers and perform its functions in terms of this
Act, an employment council may, and when so
directed by the Registrar shall, advise the Registrar of persons whom it wishes to be appointed as
its designated agents.
(2) If the Registrar approves of the persons
advised in terms of subsection (1) he shall appoint
them as designated agents of the employment
council and shall issue them with certificates of
appointment.
(3) A designated agent of an employment council may—
(a) require any employer in the undertaking or
industry and within the area for which the
employment council is registered—
(i) to grant him reasonable access to his
employees for the purpose of advising
and assisting them in relation to their
rights of employment;
(ii) to grant him reasonable access to his
premises and to the books, records and
other documents relating to his employment for the purpose of examining
Re-issue
and ascertaining matters relating to or
affecting the employment of his employees who are represented by any
trade union or federation of trade unions
which is a member of the employment
council concerned, and of ascertaining
whether or not the terms of any relevant
collective bargaining agreement and
regulations are being observed;
(b) enter upon any premises of an employer in
the undertaking or industry and within the
area for which the employment council is
registered for the purpose of conducting any
search therein where there are reasonable
grounds for believing that such entry or
search is necessary for the prevention, investigation or detection of an offence in terms of
this Act or for the seizure of any property
which is the subject matter of an offence in
terms of this Act.
(3a) A designated agent of an employment
council who meets such qualifications as may be
prescribed shall, in his certificate of appointment,
be authorised by the Registrar to redress or attempt
to redress any dispute or unfair labour practice—
(a) occurring in the undertaking or industry and
within the area for which the employment
council is registered; and
(b) which has been referred to him by the employment council;
whether such dispute or unfair labour practice is
referred to him or has come to his attention, and
the provisions of Part XII shall apply, mutatis
mutandis, to the designated agent as they apply to
a labour officer.
(3b) Where a designated agent is authorised to
redress any dispute or unfair labour practice in
terms of subsection (3a), no labour officer shall
have jurisdiction in the matter.
(4) Any person who hinders or obstructs a designated agent of an employment council in the
exercise of his powers or the performance of his
duties in terms of this Act shall be guilty of an
offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
(5) Notwithstanding subsection (4), nothing
done to prevent any disruption of normal production processes or any interference with the efficient
running of an undertaking or industry shall be
held to be in contravention of subsection (3).
PART IX
[The whole of Part IX ("Employment Boards") consisting of
sections 64 to 73 was repealed by Act 17/2002.]
PART X
COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED BY
TRADE UNIONS AND EMPLOYERS ORGANIZATIONS
74 Scope of collective bargaining
agreements
(1) This Part shall apply to collective bargaining agreements negotiated by registered trade
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