NO. 42 OF 1996: LABOUR RELATIONS AMENDMENT ACT, 1996.
PRESIDENT'S OFFICE
No. 1502.
10 September 1996
NO. 42 OF 1996: LABOUR RELATIONS AMENDMENT ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information-
GENERAL EXPLANATORY NOTE:
Words in bold type indicate omissions from existing enactments.
Words in italics indicate insertions in existing enactments.
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 expiry 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.
(English text signed by the President)
(Assented to 4 September 1996.)
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 (1) of the following subsection:
"(1) 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:
"no part of the amount agency fee deducted may be-".
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:
"It provides that no part of the amount membership subscription or
levy deducted may be-".
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:
"(4) A bargaining council may be established for more than one
sector.".
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 (1) for the portion preceding
paragraph (a) of the following:
"The constitution of every bargaining council must at least provide
for-"; and
(b) by the addition after subsection (4) of the following subsection:
"(5) The procedures for the resolution of disputes referred to in
subsection (1)(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.";
(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 agency
is to perform, on behalf of the council, its dispute 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
(1) 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 51those 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(1)(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 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 (1) of the following subsection:
"(1) 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 (1) of the following subsection:
"(1) 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 (1) 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 (1)(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 (1) of the following subsection:
"(1) 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 (1) 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 expiry 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 or 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:
"(w) establish the manner in which decisions are to be made.".
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 (1) of the following subsection:
"(1) 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 (1)
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:
"(aA) a workplace forum;".
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:
"(i) the prevention of sexual harassment in the workplace.".
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
(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 (1) of the following subsection:
"(1) (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 "(1)(a)" of the expression "(1)".
Amendment of section 142 of Act 66 of 1995
40. Section 142(1) of the principal Act is hereby amended 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 expiry 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 expiry of that person's
appointment or which, having been so disposed of before or
after the expiry 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
(1) 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 expiry 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 expiry of that person's appointment or
which, having been so disposed of before or after the expiry 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 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 (1) of the following subsection:
"(1) 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
(1) 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 (1) 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 (1); 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 (1).>".
Amendment of section 213 of Act 66 of 1995
52. Section 213 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:
'(1) 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) in item 12-
(i) by the substitution for sub-item (1) of the following sub-item:
"(1) 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 expiry of that
agreement, whichever is the shorter period, as if that
the Labour Relations Act had not been repeated."; 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, he 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 (1) or (2), must
be made to the Labour Appeal Court established by section
151167 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:
"3. Misconduct Disciplinary measures short of dismissal".
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 Gazette.$