Key Benefits:
50. Establishment of Bargaining Council
A bargaining council for the public service, to be known as the Public Service Bargaining Council hereinafter referred to as" the Council", shall be established and registered in terms of this Part.
(1) As soon as practicable after the commencement of this Act, the representatives of the Government in its capacity as an employer and all recognised trade unions whose members are public officers to whom this Act applies, shall conclude an agreement on a Constitution for the Council.
(2) The Constitution of the Council shall provide, amongst other things, for the following matters-
(a) the category or categories of employees to be covered by the Council;
(b) the appointment, number and method of selection of employer and employee representatives;
(c) the appointment, number and method of selection of a Chairperson and Deputy Chairperson of the Council;
(d) the appointment and method of selection of a Secretary of the Council;
(e) the procedure for the appointment of alternative members of the Council;
(f) the number of members required to form a quorum;
(g) the procedure for the replacement of members;
(h) the term of office of members of the Council and office holders;
(i) the procedure to be followed in the event of a dispute or deadlock in the Council;
(j) the methods by which persons affected by any collective agreement made or amended by the Council shall be informed thereof;
(k) thresholds for the admission of trade union parties to the Council; and
(l) the performance, by the Council, of all the functions of a joint industrial council established in terms of section 36 of the Trade Disputes Act, in respect of those matters that are-
(i) regulated by uniform rules, norms and standards that apply to the public sector, or
(ii) assigned to the Government as employer in respect of the public sector.
(3) A copy of the proposed constitution of the Council, as adopted by the parties, shall be submitted to the Commissioner with an application for the registration of the Council.
(4) On receipt of the application, the Commissioner shall, upon being satisfied that the proposed constitution complies with the Trade Disputes Act, by notice published in the Gazette , establish and register the Council.
(5) The Commissioner may, on application by an interested party, and on reasonable cause being shown, cancel the registration of the Council.
(6) Any interested party aggrieved by a decision of the Commissioner not to establish and register the Council, or a decision to cancel the registration of the Council, may appeal against that decision, to the Minister responsible for labour.
The Council shall consist of representatives of the Government in its capacity as employer, and representatives of trade unions admitted, in accordance with the Council's constitution.
The functions of the Council shall be to-
(a) negotiate, conclude and enforce collective bargaining agreements between the employer and recognised public service trade unions;
(b) prevent and resolve labour disputes;
(c) facilitate cooperation between the employer and public officers regarding matters affecting the public service in order to increase the efficiency of the service and well being of public officers;
(d) facilitate better relations between Government as employer, and trade unions, based on mutual trust and respect; and
(e) exercise any other power or duty that may be necessary or desirable to achieve the objectives of the Council.
54. Bargaining councils in the public service
(1) The Council may, by resolution, in terms of its constitution-
(a) designate any sector of the public service for the establishment of a sectoral bargaining council;
(b) establish thresholds for the admission of any trade union party to a sectoral bargaining council;
(c) designate the powers and functions of such sectoral bargaining councils; and
(d) vary the designation of, or establish, amalgamate or dissolve any sectoral bargaining council so established.
(2) The resolution referred to in subsection (1) shall accompany the application to register, vary the application of, or register the amalgamation of, a sectoral bargaining council.
(3) Asectoral bargaining council shall be established in accordance with the constitution of the Council.
55. Jurisdiction of Sectoral Bargaining Councils
(1) A sectoral bargaining council shall have jurisdiction in respect of matters that are specific to that sector, and in respect of which Government, as employer, in that sector, may conclude collective agreements.
(2) The decisions of a sectoral bargaining sector shall not be binding on the Council, but the decisions of the Council shall bind the sectoral bargaining councils.
(3) Notwithstanding the provisions of subsection (2), the sectoral bargaining councils may make recommendations to the Council, which shall then make such decision, as it considers appropriate within the scope of its constitution.
56. Political activities of bargaining councils
Collective bargaining councils within the public service shall not allow politics or anything which may be reasonably regarded as being of a political nature to interfere with or influence their activities.
57. Rights of trade union parties to the Council
(1) Every trade union that is a party to the Council shall be a recognised trade union in the public sector.
(2) Every trade union that is a party to the Council shall be entitled to have--
(a) authorised representatives of the union granted access to the employer's premises for purposes of recruiting members, holding meetings or representing members;
(b) trade union dues and levies deducted from employees 'wages on the written authorisation of the employees; and
(c) trade union representatives appointed by the union from among its employees, recognised by employers for purposes of representing members of the union in respect of-
(i) grievances,
(ii) discipline, and
(iii) termination of employment.
(3) The employer may impose-
(a) reasonable limits as to frequency, time and place, on the access of authorised representatives to the employer's premises;
(b) no more than a five per cent levy on a trade union for deducting trade union dues and levies from employees on behalf of the trade unions; and
(c) reasonable limits on the number of trade union representatives to be appointed to represent its members.
(4) An employee who authorises a deduction of trade union dues and levies may withdraw that authorisation in writing.
(5) If the Constitution of a trade union requires the election of trade union representation at the workplace, the employer shall, subject to reasonable limitations as to place and time, permit the elections during working hours.
(6) Unless there is a collective agreement providing otherwise, any dispute concerning the provisions of this section shall be referred to the Council in accordance with the provisions of this Act, for mediation.
(7) If the dispute is not settled within 30 days of the referral, any party may refer the dispute to the Industrial Court for determination.
(1) Subject to the provisions of subsections (2) to (5), the employer shall, on request, disclose all relevant information to a recognised trade union that is reasonably required to allow the trade union to consult or bargain collectively.
(2) The employer shall notify the recognised trade union, in writing, if any of the information requested by the union is information which may not be disclosed in terms of subsection (3).
(3) The employer shall not disclose information--
(a) that is legally privileged;
(b) that the employer cannot disclose without contravening a prohibition imposed on the employer by any law or order of court;
(c) that is confidential and which, if disclosed, may cause material harm to an employee or the employer; or
(d) that is private personal information relating to an employee, unless that employee consents to the disclosure of that information.
(4) Unless there is a collective agreement providing otherwise, any dispute concerning the provisions of this section shall be referred to the Commissioner for mediation in accordance with section 7 of the Trade Disputes Act.
(5) If the dispute is not settled within 30 days of the referral, any party may refer the dispute to the Industrial Court for determination.
