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.
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.
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.
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.
The dispute resolution committee must attempt to resolve the dispute as soon as possible through conciliation.
If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration by the dispute resolution committee.
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.