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-
Select target paragraph3
Add to table of contents