Schedule 1: Establishment of Bargaining Councils for Public Service

1. Definitions for this Schedule

In this Schedule, unless the context otherwise indicates-

"Education Labour Relations Act" means the Education Labour Relations Act, 1993 (Act No. 146 of 1993);

"Education Labour Relations Council" means the council established by section 6(1) of the Education Labour Relations Act;

"National Negotiating Forum" means the National Negotiating Forum established for the South African Police Service by the South African Police Service Labour Relations Regulations, 1995;

"Public Service Bargaining Council" means the council referred to in section 5(1) of the Public Service Labour Relations Act;

"Public Service Labour Relations Act" means the Public Service Labour Relations Act, 1994 (promulgated by Proclamation No. 105 of 1994).

2. Establishment of Public Service Co-ordinating Bargaining Council

1. As soon as practicable after the commencement of this Act , the Commission, by notice in the Government Gazette, must invite the employee and employer representatives in the Education Labour Relations Council, the National Negotiating Forum and the central chamber of the Public Service Bargaining Council to attend a meeting, with a view to those representatives agreeing on a constitution for the Public Service Co-ordinating Bargaining Council.

2. The Commission must appoint a commissioner to chair the meeting and facilitate the conclusion of an agreement on a constitution that meets the requirements of section 30 read with the changes required by the context.

3. The parties to the Education Labour Relations Council, the National Negotiating Forum and the central chamber of the Public Service Bargaining Council will be the founding parties to the Public Service Co-ordinating Bargaining Council.

4. If an agreement is concluded and the registrar is satisfied that the constitution meets the requirements of section 30, the registrar must register the Public Service Co-ordinating Bargaining Council by entering its name in the register of councils.

5. If no agreement is concluded on a constitution. the registrar must-

1. determine the constitution for the Public Service Co-ordinating Bargaining Council;
2. register the Public Service Co-ordinating Bargaining Council by entering its name in the register of councils; and
3. certify the constitution as the constitution of the Public Service Co-ordinating Bargaining Council.

6. After registering the Public Service Co-ordinating Bargaining Council, the registrar must-

1. issue a certificate of registration that must specify the registered scope of the Public Services Co-ordinating Bargaining Council; and
2. send the certificate and a certified copy of the constitution to the Public Service Co-ordinating Bargaining Council.

3. Establishment of bargaining councils in sectors

1. The departmental and provincial chambers of the Public Service Bargaining Council are deemed to be bargaining councils established in terms of section 37(3)(a) of this Act , subject to any designation in terms of section 37(1) of this Act.

2. The Education Labour Relations Council is deemed to be a bargaining council established in terms of Section 37(3)(b) of this Act.

3. The National Negotiating Forum is deemed to be a bargaining council established for a sector designated in terms of section 37(2).

4. If the President designates a sector in terms of section 37(2), the President must inform the Commission and instruct it to convene a meeting of the representatives of the registered trade unions with members employed in the sector.

5. The Commission must publish a notice in the Government Gazette inviting registered trade unions with members employed in the sector to attend the meeting.

6. The Commission must appoint a commissioner to chair the meeting and facilitate the conclusion of an agreement on-

1. the registered trade unions to be parties to the bargaining council; and
2. a constitution that meets the requirements of section 30, read with the changes required by the context.

7. If agreement is concluded, the registrar must -

1. admit the registered trade unions as parties to the bargaining council; and
2. if satisfied that the constitution meets the requirements of section 30, register the bargaining council by entering its name in the resister of councils.

8. If no agreement is concluded on-

1. the registered trade unions to be admitted, the Commission must decide which trade unions should be admitted;
2. a constitution, the registrar, in accordance with the decisions made by the Commission in paragraph (a), must determine a constitution that meets the requirements of section 30), read with the changes required by the context.

9. The registrar must register the bargaining council for the sector by entering its name in the register of Councils.

10. After registering the bargaining council, the registrar must-

1. issue a certificate of registration that must specify the registered scope of the bargaining Council; and
2. send the certificate and a certified copy of the constitution to the bargaining council.