Schedule 9: Model Constitution for a Statutory Council
14. Procedure for negotiation of collective agreements

 

  1. Any party to the council may introduce proposals for the conclusion of a collective agreement in the council.

  1. The proposals must be submitted to the secretary in writing and must identify the other parties to the proposed agreement.

  1. Within seven days of submission of the proposals, the secretary must serve copies of the proposals on the other parties to the council.

  1. Within 21 days of submission of the proposals, the chairperson must call a special meeting of the executive committee to consider the proposals and decide on a process for negotiating the proposals, including

    1. the introduction of counter-proposals;

    2. whether the negotiations should be conducted by the council, the executive committee or any other committee of the council;

    3. the appointment of a conciliator from the panel of conciliators to facilitate the negotiations; and

    4. the timetable for the negotiations.

  2. If no negotiation process is agreed

    1. the secretary must appoint a conciliator from the panel or conciliators to facilitate negotiations and the conclusion of a collective agreement;

    2. the council must meet at least twice within 30 days of the meeting of the executive committee to negotiate on the proposals and any counter-proposals, unless a collective agreement has been concluded;

    3. the conciliator must facilitate the negotiations at those meetings and the conclusion of a collective agreement.

  3. If no collective agreement is concluded in the course of a process or procedure contemplated in this clause,

    1. the parties to the council may

      1. agree to refer the dispute to arbitration; or

      2. resort to a strike or a lock-out that conforms with the provisions of Chapter IV of the Act; or

    2. Any party to the dispute whose members are engaged in an essential service may request that the dispute in respect of the employers and employees engaged in that service be resolved through arbitration.

  4. In the circumstances contemplated in sub-clause (6)(a)(i) or (b), the secretary must appoint a member of the panel of arbitrators to arbitrate the dispute.

  1. The provisions of clause 13(4) and (5) will apply to arbitration proceedings conducted in terms of this clause.

  1.  

    1. During the strike or lock-out the parties to the dispute must attend every meeting convened by the conciliator to resolve the dispute.

    2. If any party to the dispute fails to attend, without good cause, a meeting so convened, the members of that party

      1. if they participate in a strike, will forfeit the protection they would have enjoyed in terms of section 67 of the Act;

      2. if they are engaged in a lock-out, will forfeit the protection they would have enjoyed in terms of section 67 of the Act.