Chapter III: Collective Bargaining
Part D: Bargaining Councils in the Public Service
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.