Chapter III: Collective Bargaining
Part F: General Provisions concerning Councils
49. Representativeness of council

1. When considering the representativeness of the parties to a council, or parties seeking registration of a council, the registrar, having regard to the nature of the sector and the situation of the area in respect of which registration is sought, may regard the parties to a council as representative in respect of the whole area, even if a trade union or employers organisation that is a party to the council has no members in part of that area.

2. The registrar-

1. after consultation with a council, must fix a date for an annual review of the representativeness of the council;

2. must conduct that review once every year by that date; and

3. if satisfied that the council remains representative, must issue a certificate of representativeness that must include the following particulars-

1. the number of employees employed within the registered scope of the council;

2. the number of those employees who are members of the trade unions that are party to the council; and

3. the number of employees employed within the registered scope of the council by the members of the employers' organisations that are party to the council.

3. A certificate of representativeness issued in terms of subsection (2) is sufficient proof of the representativeness of the council for the following year.