(1) If a trade union represents at least one third of the employees of an employer, that trade union may apply for recognition under section 32 of the Trade Disputes Act.

            (2) Notwithstanding any other provision of this Act, no member of management in any undertaking or enterprise shall be represented by a negotiating body, whether the same is or is not a registered trade union or branch thereof, in respect of matters bearing upon relations between his employer or the industry in which the member of management is employed and those employees thereof or therein who are members of management unless the negotiating body represents only members of management in the same undertaking, enterprise or industry and no other employees.

            (3) In this section, "member of management" means an employee who has authority, on behalf of his employer, to employ, transfer, suspend, lay off, recall, promote terminate the employment of, reward, discipline or deal with the grievances relating to the employment any fellow employees or effectively to recommend any such action or the manner in which such grievances ought to be dealt with, if the exercise
by him of that authority is not merely of a routine or clerical nature but require the use of his discretion.

            (4) An employer who has granted recognition to a trade union, in terms of section 32 of the Trade Disputes Act, shall bargain in good faith with the union on the following matters-

     (a)     remuneration and other terms and conditions of employment, including the physical conditions under which employees are required to work;

     (b)     employment benefits;

     (c)     employment policies concerning, inter alia, the recruitment, appointment, training, transfer, promotion, suspension, discipline and dismissal of employees;

     (d)     the collective bargaining relationship including-

           (i)       organizational rights,

          (ii)       negotiation and dispute procedures, and

          (iii)       grievance, disciplinary and termination of employment procedures; and

     (e)     any other agreed matter.

            (5) A trade union that has been granted recognition shall bargain in good faith with the employer who recognises it in respect of any of the matters referred to in subsection (2).

            (6) Any dispute concerning the duty to bargain in good faith shall be referred to the Commissioner for mediation in accordance with section 7 of the Trade Disputes Act.

            (7) If the dispute is not settled, the dispute may be referred to the Industrial Court for determination.

            (8) An employer may apply to the Industrial Court for an order withdrawing recognition on the following grounds, that:

     (a)     the trade union no longer represents one third of the employers' employees;

     (b)     the trade union refuses to negotiate in good faith with the employer;

     (c)     the trade union refuses or fails to comply with an arbitration award or an order of the Industrial Court; or

     (d)     the trade union has materially breached a collective agreement concluded with the employer.

48A.  Recognition at level of industry

            (1) For the purposes of this section, a trade union includes two or more trade unions acting jointly.

            (2) If a trade union has, as its members, at least one third of the employees in an industry, the trade union may apply to the Commissioner for the establishment of a joint industrial council under section 36 of the Trade Disputes Act.

            (3) If a trade union has been granted recognition in an industry in terms of section 34 of the Trade Disputes Act-

     (a)     any employers' organization representing employers in the industry shall bargain in good faith with the union on the matters listed in subsection (4); and

     (b)     any employer in the industry, not belonging to an employers' organization, shall bargain in good faith with the union on the matters listed in subsection (4).

            (4) The matters referred to in subsection (3) include-

     (a)     remuneration and other terms and conditions of employment, including the physical conditions under which employees are required to work;

     (b)     employment benefits;

     (c)     employment policies concerning the recruitment, appointment, training, transfer, promotion, suspension, discipline and dismissal of employees;

     (d)     the collective bargaining relationship including-

           (i)       organizational rights,

          (ii)       negotiation and dispute procedures, and

          (iii)       grievance, disciplinary and termination of employment procedures; and

     (e)     any other agreed matter.

            (5) A trade union that has been granted recognition shall bargain in good faith with an employer or employers' organization that recognizes it in respect of any of the matters referred to in subsection (4).

            (6) Any dispute concerning a duty to bargain in good faith shall be referred to the Commissioner for mediation in accordance with section 7 of the Trade Disputes Act.

            (7) If any dispute referred to in subsection (6) is not settled, the dispute may be referred to the Industrial Court for determination.

48B.  Organisational rights of recognised trade unions

            (1) Subject to the provisions of this section, a trade union granted recognition in terms of section 32 or 34 of the Trade Disputes Act, shall be entitled to-

     (a)     have authorized representatives of the union granted access to an employer's premises for purposes of recruiting members, holding meetings or representing members;

     (b)     have trade union dues and levies deducted fromem ployees' wages on the written authorization of the employees; and

     (c)     have trade union representatives appointed by the union from among its employees, recognized by employers for purposes of representing members of the union in respect of-

           (i)       grievances,

          (ii)       discipline, and

          (iii)       termination of employment.

            (2) An 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 percent (5%) levy on a trade union for deducting trade union dues and levies from employees on behalf of the trade union; or

     (c)     reasonable limits on the number of trade union representatives to be appointed to represent its members.

            (3) An employee who authorizes a deduction of trade union dues and levies may withdraw that authorization in writing.

            (4) 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.

            (5) Unless there is a collective agreement providing otherwise, any dispute concerning the provisions of this section shall be referred to the Commissioner under section 7 of the Trade Disputes Act for mediation.

            (6) If the dispute is not settled within 30 days of the referral, any party may refer the dispute to the Industrial Court for determination.

48C.  Disclosure of information to a recognised trade union

            (1) Subject to the provisions of subsections (2) to (8), an employer shall, on request, disclose all relevant information to a recognized trade union that is reasonably required to allow the trade union to consult or bargain collectively.

            (2) An employer shall notify the recognized 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) An 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; or

     (c)     subject to subsection (7), that is confidential and which, if disclosed, may cause material harm to an employee or the employer;

     (d)     subject to subsection (7), 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.

            (6) In any dispute about the disclosure of information, the Industrial Court shall first decide whether or not the information is relevant.

            (7) If the Industrial Court decides that the information is relevant and if it is information referred to in subsection (3)(c) or (d), the court shall balance the harm that the disclosure is likely to cause, against the harm that the failure to disclose is likely to cause to the ability of the recognised trade union to engage effectively in consultation or collective bargaining.

            (8) If the Industrial Court decides that the balance of harm favours disclosure, the Court may order disclosure on terms designed to limit the harm likely to be caused to the employee or employer.

            (9) When making an order, the Court shall take into account any breach of confidentiality in respect of information disclosed to the trade union in terms of this section and may refuse to order the disclosure of the information for a period specified in the award.

            (10) In any dispute about an alleged breach of confidentiality, the Industrial Court may order that the right of disclosure of information in that workplace be withdrawn for such period as may be specified in the award.