Labour Relations Amendment Act 42 of 1996

The Labour Relations Amendment Act 42 of 1996 intends:

• 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awards and orders) in force under section 51 (12) of the Labour Relations Act, 1956, will continue in force until withdrawn by the Minister of Labour, and that orders (concerning wages or other conditions of employment) in force under section SlA of the latter Act, will continue in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.

Commencement

11 November 1996 (Gazette 17516 of 1 November 1996)