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 - 30 - 1st May 2003-

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