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EXTRACTS FROM THE LABOUR RELATIONS ACT - Transitional Arrangements CONTENTS: Schedule 7 Part A-Definitions For This Schedule 1. Definitions for this Schedule Part B-Unfair Labour Practices 2. Residual unfair labour practices Part C-Provisions
Concerning Existing Trade Unions, Employers' Organisations, Industrial
Councils And Conciliation Boards
5. Existing registered trade unions and employers' organisations Part D- Matters Concerning
Public Service 14. Public Service Bargaining Council Part E-Disputes And Courts
21. Disputes arising before commencement of this Act Part F-Pension Matters 23. Continuation of existing pension rights of staff members of Commission upon assuming employment __________________________________________________________________________________ EXTRACT FROM THE LABOUR RELATIONS ACT: Part A-Definitions For This Schedule 1. Definitions for this Schedule In this Schedule, unless the context otherwise indicates "Agricultural Labour Act" means the Agricultural Labour Act, 1993 (Act No. 147 of 1993);
Part B-Unfair Labour Practices 2. Residual unfair labour practices (1) For the purposes of this item, an unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving-
(2) For the purposes of sub-item (1)(a)-
3. Disputes about unfair labour practices
55. See flow diagram No. 14 in Schedule 4. to in item 2(1)(b), (c) or (d), may request that the dispute be resolved through arbitration. 4. Powers of Labour Court and Commission (1) The Labour Court has the power to determine any dispute that has been referred to it in terms of item 3 on terms it deems reasonable, including, but not limited to, the ordering of reinstatement or compensation. (2) The arbitrator has the power to determine any dispute that has been referred to it in terms of item 3 on reasonable terms. Part C-Provisions Concerning Existing Trade Unions, Employers' Organisations, Industrial Councils And Conciliation Boards 5. Existing registered trade unions and employers' organisations (1) A trade union or employers' organisation registered in terms of the labour relations laws immediately before the commencement of this Act is deemed to be a registered trade union or registered employers' organisation under this Act and continues to be a body corporate. (2) As soon as practicable after the commencement of this Act, the registrar must enter-
(3) A trade union or employers' organisation whose name has been entered in the appropriate register must be issued with a new certificate of registration. (4) If any provision of the constitution of the trade union or employers' organisation does not comply with the requirements of section 95, the registrar may direct that trade union or employers' organisation, in writing, to rectify its constitution and submit it to the registrar within a period specified in the direction, which period may not be shorter than three months. (5) If a trade union or employers' organisation falls to comply with a direction issued to it in terms of sub-item (4), the registrar must notify the trade union or employers' organisation that cancellation of its registration is being considered because of the failure, and give the trade union or employers' organisation an opportunity to show cause why its registration should not be cancelled within 30 days of the notice. (6) If, when the 30-day period expires, the relevant trade union or employers' organisation has not shown cause why its registration should not be cancelled, the registrar must cancel the registration of that trade union or employers' organisation by removing its name from the appropriate register or take other lesser steps that are appropriate and not inconsistent with this Act. (7) The registrar must notify the relevant trade union or employers' organisation whether the registration of the trade union or employers' organisation has been cancelled. (8) Cancellation in terms of subitem (6) takes effect-
6. Pending applications by trade unions or employers' organisations for registration, variation of scope, alteration of constitution or name (1) Any pending application in terms of the labour relations laws for the registration, variation of scope of registration or alteration of the constitution or name of a trade union or an employers' organisation must be dealt with by the registrar as if the application had been made in terms of this Act. (2) The registrar appointed in terms of the Public Service Labour Relations Act and the secretary of the Education Labour Relations Council appointed in terms of the Education Labour Relations Act must forward any pending application referred to in sub-item (1) to the registrar. (3) In any pending appeal in terms of section 16 of the Labour Relations Act or in terms of section I I of the Education Labour Relations Act or in terms of section I I of the Public Service Labour Relations Act, the Minister or the registrar of the industrial court or the registrar of the Supreme Court, as the case may be, must refer the matter back to the registrar who must deal with the application as if it were an application made in terms of this Act. (4) When dealing with any application referred to in sub-item (1) or (2), the registrar-
7. Industrial councils (1) An industrial council registered in terms of the Labour Relations Act immediately before the commencement of this Act is deemed to be a bargaining council under this Act and continues to be a body corporate. (2) As soon as practicable after the commencement of this Act, the registrar must enter the name of the bargaining council in the register of councils. (3) A bargaining council whose name has been entered in the register of councils must be issued with a certificate of registration. (4) If any provision of the constitution of a bargaining council does not comply with the requirements of section 30, the registrar may direct the bargaining council, in writing, to rectify its constitution and submit it to the registrar within a period specified in the direction, which period may not be shorter than three months. (5) If a bargaining council fails to comply with a direction issued to it in terms of sub-item (4), the registrar must notify the bargaining council that cancellation of its registration is being considered because of the failure, and give the bargaining council an opportunity to show cause why its registration should not be cancelled within 30 days of the notice. (6) If, when the 30-day period expires, the bargaining council has not shown cause why its registration should not be cancelled, the registrar must cancel the registration of that bargaining council by removing its name from the register of councils or take other lesser steps that are appropriate and not inconsistent with this Act. (7) The registrar must notify the bargaining council whether the registration of the bargaining council has been cancelled. (8) Cancellation in terms of sub-item (6) takes effect-
8. Pending applications by industrial councils for registration and variation of scope (1) Any pending application for the registration or the variation of the scope of registration of an industrial council in terms of the Labour Relations Act must be dealt with as if it were an application made in terms of this Act. (2) In any pending appeal in terms of section 16 of the Labour Relations Act against the refusal to register an industrial council, the Minister or the registrar of the Supreme Court 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. (3) When dealing with the application referred to in sub-item (1) or (2), the registrar may-
9. Pending applications by industrial councils for alteration of constitution or name The provisions in item 6 apply, read with the changes required by the context, to any pending application for the alteration of the constitution or the name of an industrial council in terms of the Labour Relations Act. 10. Pending applications for admission of parties to industrial councils
11. Pending applications to wind up and cancel registration of trade unions, employers' organisations and industrial councils Any pending application to wind up or to cancel the registration of a trade union, employers' organisation or industrial council registered in terms of any labour relations law must be dealt with by the registrar as if the labour relations laws had not been repealed. 12. Existing agreements and awards of industrial councils and conciliation boards (1) Any agreement promulgated in terms of section 48, and any award made in terms of section 50, 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 Act had not been repealed. (2) An agreement promulgated in terms of section 12 of the Education 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 the provisions of that Act had not been repealed. (3) Despite the provisions of sub-item (1), an agreement referred to in section 24(l)(x) of the Labour Relations Act that is in force immediately before the commencement of this Act will be deemed to be a closed shop agreement concluded in compliance with section 26 of this Act except that-
(4) Any pending request for the promulgation of an agreement in terms of section 48 of the Labour Relations Act must be dealt with as if the Labour Relations Act had not been repealed. (5) Any request made before the expiry of six months after the commencement of this Act for the promulgation of an agreement entered into before the commencement of this Act must be dealt with as if the Labour Relations Act had not been repealed. (6) Any pending application for an exemption from an agreement promulgated in terms of section 48 of the Labour Relations Act must be dealt with as if the Labour Relations Act had not been repealed. 13. Existing agreements including recognition agreements (1) For the purposes of this section, an agreement-
(2) Any agreement that was in force immediately before the commencement of this Act is deemed to be a collective agreement concluded in terms of this Act. (3) Any registered trade union that is party to an agreement referred to in sub-items (1) and (2) in terms of which that trade union was recognised for the purposes of collective bargaining is entitled to the organisational rights conferred by sections I I to 16 of Chapter III and in respect of employees that it represents in terms of the agreement, for so long as the trade union remains recognised in terms of the agreement as the collective bargaining agent of those employees. (4) If the parties to an agreement referred to in subsection (1) or (2) have not provided for a procedure to resolve any dispute about the interpretation or application of the agreement as contemplated in section 24(l), the parties to the agreement must attempt to agree a procedure as soon as practicable after the commencement of this Act. (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 effective 180 days after the commencement of this Act. Part D-Matters Concerning Public Service 14. Public Service Bargaining Council (1) The Public Service Bargaining Council will continue to exist, subject to item 20. (2) The departmental and provincial chambers of the Public Service Bargaining Council will continue to exist, subject to item 20. (3) Within 30 days after the commencement of this Act, the chambers of the Public Service Bargaining Council must furnish the registrar with copies of their constitutions signed by their authorised representatives. (4) The constitutions of the chambers of the Public Service Bargaining Council, are deemed to be in compliance with section 30. However, where any provision of the constitution of a chamber does not comply with the requirements of section 30, the registrar may direct the chamber to rectify its constitution and re-submit the rectified constitution within the period specified in the direction, which period may not be shorter than three months. (5) If a chamber fails to comply with a direction issued to it in terms of sub-item (5), the registrar must-
(6) A chamber of the Public Service Bargaining Council must deal with any pending application for admission of a party to it in terms of section 10 of the Public Service Labour Relations Act as if the application had been made in terms of this Act. (7) Any pending appeal before the industrial court or an arbitrator against a decision of the Public Service Bargaining Council in terms of section 10 of the Public Service Labour Relations Act must, despite the repeal of any of the labour relations laws, be dealt with by the industrial court or arbitrator as if the application had been made in terms of this Act. (8) Despite the repeal of the Public Service Labour Relations Act, an appeal in terms of section 10 of that Act against a decision of a chamber of the Public Service Bargaining Council may be instituted after the commencement of this Act and must be heard by the Labour Court and dealt with as if the application had been made in terms of this Act. 15. Collective agreements in the public service The following provisions, read with the changes required by the context, of the Public Service Labour Relations Act, despite the repeal of that Act, will have the effect and status of a collective agreement binding on the State, the parties to the chambers of the Public Service Bargaining Council and all employees in the public service-
16. Education Labour Relations Council (1) The Education Labour Relations Council will continue to exist, subject to item 20. (2) The registered scope of the Education Labour Relations Council is the State and those employees in respect of which the Educators' Employment Act, 1994 (Proclamation No. 138 of 1994), applies. (3) Within 30 days after the commencement of this Act, the Education Labour Relations Council must furnish the registrar with a copy of its constitution signed by its authorised representatives, and with the other information or documentation. (4) The constitution agreed on between the parties to the Education Labour Relations Council is deemed to be in compliance with this Act: However, where any provision of the constitution does not comply with the requirements of section 30, the registrar may direct the Council to rectify its constitution and re-submit the rectified constitution within the period specified in the direction, which period may not be shorter than three months. (5) If the Education Labour Relations Council fails to comply with a direction issued to It in terms of sub-item (5), the registrar must-
(6) The Education Labour Relations Council must deal with any pending application for admission to it in terms of the Education Labour Relations Act as if the application had been made in terms of this Act. (7) Any pending appeal before the industrial court or an arbitrator against a decision of the Education Labour Relations Council must, despite the repeal of any of the labour relations laws, be dealt with by the industrial court or arbitrator as if the application had been made in terms of this Act. (8) Despite the repeal of the Education Labour Relations Act, any appeal against a decision of the Education Labour Relations Council may be instituted after the commencement of this Act and must be heard by the Labour Court and dealt with as if the application had been made in terms of this Act. 17. Education sector collective agreements The following provisions, read with the changes required by the context, of the Education Labour Relations Act, despite the repeal of that Act, will have the effect and status of a collective agreement binding on the State, the parties to the Education Labour Relations Council and all employees within registered scope-
18. Negotiating Forums in South African Police Service (1) The National Negotiating Forum will continue to exist subject to item 20. (2) The registered scope of the National Negotiating Forum is the State and those employees in respect of whom the South African Police Service Rationalisation Proclamation, 1995 and the Act contemplated in section 214 of the Constitution applies. (3) Within fourteen days of the commencement of this Act, or signing of its constitution by its authorised representatives, whichever is the later, the National Negotiating Forum must furnish the registrar with a copy of its constitution signed by its authorised representatives, and with the other information or documentation. (4) The constitution agreed to by the National Negotiating Forum is deemed to be in compliance with this Act. However where any provision of the constitution does not comply with the requirements of section 30, the registrar may direct the National Negotiating Forum to rectify its constitution and re-submit the rectified constitution within fourteen days. (5) The National Commissioner of the South African Police Service must deal with any pending application for registration and recognition in terms of the South made' African Police Service Labour Regulations as if the application had been in terms of this Act 19. Collective agreement in South African Police Service The provisions of the South African Police Services Employment 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, the parties to the National Negotiating Forum and all the employees within its registered scope. 20. Consequences for public service bargaining institutions when Public Service Co-ordinating Bargaining Council is established When the Public Service Co-ordinating Bargaining Council is established in terms of item 2 of Schedule I-
Part E-Disputes And Courts 21. Disputes arising before commencement of this Act
22. Courts
Part F-Pension Matters 23. Continuation of existing pension rights of staff members of Commission upon assuming employment (1) Any staff member of the Commission who, immediately before assuming employment with the Commission, is a member of the Government Service Pension Fund, the Temporary Employees Pension Fund or any other pension fund or scheme administered by the Department of Finance (hereinafter referred to as an officer or employee), may upon assuming that employment-
(2) In the case where an officer or employee becomes a member of a fund after making a request in terms of sub-item (1)(b) or (c)-
(3) In the case where an officer or employee becomes a member of a new fund after a request in terms of sub-item (1)(c) the State must pay the new fund an amount equal to the difference between the actuarial liability of the former fund in respect of the officer or employee as on the date of the commencement of employment with the Commission, and the amount transferred in terms of sub-item (2)(c) to the new fund, increased by the amount of interest thereon calculated at the prime rate from the date of commencement of employment up to the date of the transfer of the amount. (4) Sub-items (2) and (3) will apply, read with the changes required by the context, in respect of any officer or employee who, by reason of having made a choice in terms of sub-item (1)(a), has become a dormant member and thereafter requests that the pension benefits that had accrued, be transferred in terms of section 15A(1) of the General Pensions Act, 1979, to another pension fund referred to in that Act or a pension fund registered in terms of the Pension Funds Act, 1956. (5) If, after an officer or employee has become a member of any other pension fund, by reason of having made a choice in terms of sub-item (1)(c), a lump sum benefit has become payable by that pension fund by reason of the death, or the withdrawal or resignation from the pension fund, or retirement, of the officer or employee, or the winding-up of the pension fund, then, for the purposes of paragraph (e) of the definition of "gross income" in section I of the Income Tax Act, 1962 (Act No. 58 of 1962), the pension fund will be deemed, in relation to such officer or employee, to be a fund referred to in paragraph (a) of the definition of "pension fund" in section I of that Act. (6) For the purposes of this item-
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