LABOUR ACT [Chapter 28:01] (as amended) (a) not less than fifty per centum of the employees concerned are in favour of such trade union representing them; or (b) an unregistered trade union or a registered trade union which otherwise represents the employees concerned requests the registered trade union to act as its agent union; or (c) the Minister so requests. (2) Except where the Minister has requested a registered trade union to act as an agent union or has consented to such a request in terms of paragraph (c) of subsection (1), a registered trade union that desires so to act shall apply to the Minister in writing, setting out the circumstances giving rise to the application. (3) On receipt of an application in terms of subsection (2), the Minister may, after taking into account— (a) the extent to which the registered trade union appreciates the interests and needs of the employees concerned; and (b) the views of any employers or employees who may be affected; and (c) any levies or dues the registered trade union proposes to levy from the employees concerned; and (d) the ability of the registered trade union to act as an agent union; grant or refuse the application. (4) No registered trade union shall act as an agent union— (a) for a period of more than three years unless, before the expiry of three years after commencing so to act, the Minister extends such period; or (b) after a trade union representing the employees concerned has been registered or has reacquired its competency to represent the employees concerned. (5) A registered federation of trade unions may act, mutatis mutandis, as an agent union with respect to the members of one of its component unions or undertakings. (6) The Minister may on his own initiative or on the application of any interested party, at any time, revoke the authority of a registered trade union or federation of trade unions to act as an agent union. 32 Agent union to disclose other agencies A registered trade union or federation of trade unions which is acting as an agent union for any employees may, in terms of section thirty-one, become the agent union for any other employees if it discloses to such other employees its prior agency. 33 Application for registration (1) Every application for registration by a trade union or employers organization or federation shall, subject to section thirty-four, be made to the Registrar in the prescribed form. (2) The Registrar shall cause notice to be published in the Gazette of every application made in terms of this section, and in such notice shall invite any person who wishes to make any representations relating to the application to lodge such Re-issue representations with the Registrar within such period, not being less than thirty days from the date of the notice, as may be specified in the notice, and to state whether or not he wishes to appear in support of his representations at accreditation proceedings. 34 Requirements of application for registration An application for registration of a trade union or employers organization or federation shall contain the following information— (a) the name of the trade union or employers organization or federation; and (b) the names and relevant particulars of the persons intending to secure the registration; and (c) the coverage of the proposed trade union or employers organization or federation with regard to the undertakings or industries concerned, with such exclusions as may be intended; and (d) the affiliates to and the affiliations of the trade union or employers organization or federation, including international, national or local unions, organizations or workers communities; and (e) sources of funds and material, both current and anticipated, for organizing the trade union or employers organization or federation, and the address of its bank; and shall be accompanied by a copy of its constitution or operational rules. 35 Requirements of constitution of registered trade unions or employers organizations The constitution of every registered trade union or employers organization or federation shall, in addition to the matters referred to in section twenty-eight, provide for— (a) consultation between the various governing bodies or branches of the trade union or employers organization and members thereof before such trade union or employers organization or federation— (i) enters upon a collective bargaining agreement; or (ii) recommends collective job action; or (iii) embarks upon any new programme which is likely to substantially affect the rights and interests of its members; or (iv) increases fees and other dues payable by its members; or (v) assigns an official to represent its members in a particular matter that is of considerable significance to its members; and (b) the keeping of books of accounts and the submission of such books of accounts for auditing within three months of the end of each financial year, and the making available to members of certified true copies of the audited accounts and the auditor’s report thereon; and (c) the prohibition of the use of union or association dues of the trade union or employers or- - 24 - 1st May 2003-