Chapter III: Collective Bargaining

Part D: Bargaining Councils in the Public Service

35. Bargaining councils in public service

There will be a bargaining council for-

1. the public service as a whole, to be known as the Public Service Co-ordinating Bargaining Council; and
2. any sector within the public service that may be designated in terms of section 37.

36. Public Service Co-ordinating Bargaining Council

1. The Public Service Co-ordinating Bargaining Council must be established in accordance with Schedule 1. (Schedule 1 deals with the procedure for the establishment of the Public Service Co-ordinating Bargaining Council.)

2. The Public Service Co-ordinating Bargaining Council may perform all the functions of a bargaining council in respect of those matters that-

1. are regulated by uniform rules, norms and standards that apply across the public service ; or
2. apply to terms and conditions of service that apply to two or more sectors; or
3. are assigned to the State as employer in respect of the public service that are not assigned to the State as employer in any sector.

37. Bargaining councils in sectors in public service

1. The Public Service Co-ordinating Bargaining Council may designate a sector of the public service for the establishment of a bargaining council.

2. Despite subsection (1), the President, after consulting the Public Service Co-ordinating Bargaining Council, may designate a sector of the public service for the establishment of a bargaining council if the uniform rules, norms and standards applicable to the public service are not appropriate to regulate employment in that sector.

3. A bargaining council for a sector designated by-

1. the Public Service Co-ordinating Bargaining Council must be established in terms of its constitution;
2. the President must be established in terms of Schedule 1.

4.

1. The President may designate a sector for the establishment of a bargaining council in respect of employees of the State or organs of the State but who are not employees engaged in the public service.
2. A bargaining council must be established in respect of a sector designated by the President in terms of paragraph (a) and the provisions of item 3(4) to (10) of Schedule 1 will apply.
3. A bargaining council established in terms of paragraph(b) will be deemed to be a bargaining council in the public service for the purposes of this Act.

5. A bargaining council established in terms of subsection (3) or (4) has exclusive jurisdiction in respect of matters that are specific to that sector and in respect of which the State as employer in that sector has the requisite authority to conclude collective agreements and resolve labour disputes.

38. Dispute resolution committee

1. The Minister for the Public Service and Administration, after consulting NEDLAC and the Public Service Co-ordinating Bargaining Council, must establish a dispute resolution committee under the auspices of the Commission, and appoint to that committee persons who have knowledge and experience of labour law and labour relations in the public service.

2. The functions of the dispute resolution committee are to resolve any jurisdictional dispute between the Public Service Co-ordinating Bargaining Council and any bargaining council contemplated in section 37(3), or between two or more bargaining councils of the latter type.

3. If there is a jurisdictional dispute between the Public Service Co-ordinating Bargaining Council and a bargaining council contemplated in section 37(3), or between two or more bargaining councils of the latter type, any party to the dispute may refer the dispute in writing to the dispute resolution committee.

4. The party who refers the dispute to the dispute resolution committee must satisfy that committee that a copy of the referral has been served on all other bargaining councils that are party to the dispute.

5. The dispute resolution committee must attempt to resolve the dispute as soon as possible through conciliation.

6. If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration by the dispute resolution committee.

7. The Minister for the Public Service and Administration must determine the remuneration and allowances and any other terms and conditions of appointment of committee members. The expenditure incurred for that purpose will be defrayed from public funds.