STAATSKOERANT, 12 JUNIE 2009 No.32298 115  NOTICE 863 OF 2009

PLEASE FIND SET OUT BELOW A UST OF BARGAINING COUNCILS THAT HAVE BEEN ACCREDITED BY THE CCMA IN TERMS OF THE PROVISIONS OF THE LABOUR RELATIONS ACT 66 OF 1995 (AS AMENDED) FOR CONCILIATION AND, OR ARBITRATION AND/OR PRE DISMISSAL ARBITRATIONS WITH THE TERMS OF ACCREDITATION ATTACHED FOR THE PERIOD 01 JUNE 2009 TO THE 31 MAY 2012.

BARGAINING COUNCILS ACCREDITED TO CONDUCT CONCIUATIONS AND ARBITRATIONS   SUBJECT TO CERTAIN CONDITIONS FROM 01 JUNE 2009 TO 31 MAY 2012 (3 YEARS)

BARGAINING COUNCILS ACCREDITED TO CONDUCT CONCILIATIONS AND ARBITRATIONS SUBJECT TO CERTAIN CONDITIONS FROM 01 JUNE 2009 TO 31 MAY 2010 (1 YEAR)

• South African Road Passenger Bargaining Council (SARPBAC)

• Transnet Bargaining Council
• Bargaining Council for Grain Industry

TERMS OF ACCREDITATION FOR CONCILIATION, ARBITRATION AND PRE- DISMISSAL ARBITRATION

1, SCOPE OF ACCREDITA1'ION:

Herewith categories of disputes for which councils are eligible to apply for accreditation.

COUNCILS ARE ACCREDITED TO PERFORM THE FOLLOWING DISPUTE RESOLUTIONS FUNCTIONS:

COUNCILS MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51):

Organisational rights (sections 16, 21 and 22);

Collective Agreements where the agreement does not provide for a dispute resolution procedure or the procedure is inoperative or any party frustrates the resolution of disputes (section 24(2) to (5));

Agency shops and closed shops (section 24(6) and (7) and section 26(11);

Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45);

The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61 (5) to (8));

Demarcation of sectors and areas of Councils (section 62);

The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E(Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63);

Picketing (section 69(8) to 10);

Proposals which are the subject of joint-decision making in aworkplace forum (section 86);

Disclosure of information to workplace forums (section 89); Interpretation or Application of the provisions of Chapter 5of the LRA which deals with workplace forums (section 94);

Enforcement of the Collective Agreements by Bargaining Councils (section 33A) and;

Enforcement of arbitration awards in terms of section 143. Only the Director of the CCMA. unless the power has been delegated to aCCMA Senior Commissioner may certify awards as if it were an order of the Labour Court;

Facilitating mass retrenchment disputes section 189(A).

2. POWERS OF ACCREDITATION:

Only those persons who are accredited by the CCMA, or are part-time commissioners appointed by the Government Body of the Commission in the terms of section 117 (2) of the labour Relations Act, may perform the accreditation functions of the council for the Council.

The following provisions of the LRA, as amended apply to Councils accredited for conciliation and arbitration:

(a) For the purpose of this paragraph any reference in Part C of Chapter VII of the LRA to: 'Commission" must be read as a reference to the Council; "Commissioner" must be read as a reference to a conciliator or arbitrator appointed by the Council. "Director" must be read as a reference to the Secretary of the Council.

(b) The provisions of the sections contained in Part C of Chapter VII (section 127(6)) of the LRA shall apply to the Council in the performance of its accredited functions subject to the Council's Constitution and/or Collective Agreements. For the purpose of this sub-paragraph the following applies:

(i) The provisions of section 133 to 136;

(ii) The provisions of section 138 to 142, S142A , S143, 8144 and 8145;

(iii) The provisions of section 146 unless the Collective Agreement of the Council provides that the Arbitration Act, Act 42 of 1965 applies 10 any arbitration conducted under its accredited function and which Collective Agreement is binding on the parties to the disputes; and

(iv) The provisions of section 148.

3. EXTENSION OF ACCREDITATION:

Despite the expiry of the period of accreditation as stated in the Certificate of Accreditation, the Council may continue to perform its accredited functions in respect of any dispute referred to it during the period of accreditation, but not yet resolved by the time the period expires, until the dispute is resolved either through conciliation or arbitration.

4. TRANSGRESSION OF TERMS OF ACCREDITATION:

If the accredited Council fails to comply with the terms of accreditation, the Governing Body of the CCMA may revoke accreditation. In terms of section 130 of the LRA, as amended the Governing Body of the CCMA may withdraw accreditation after having given reasonable notice of withdrawal.

5. AMENDMENT OF ACCREDITATION:

An Accredited Council may apply to the Governing Body of the CCMA in terms of section 129 of the LRA to amend its accreditation.