One or more registered trade unions and one or more registered employers' organizations may establish a bargaining council for a sector and area by-
adopting a constitution that meets the requirements of section 30; and
The State may be a party to any bargaining council established in terms of this section if it is an employer in the sector and area in respect of which the bargaining council is established.
If the State is a party to a bargaining council in terms of subsection (2), any reference to a registered employers' organisation includes a reference to the State as a party.
A bargaining council may be established for more than one sector.