Definitions in this Chapter
In this Chapter-
(a) “employee” means any person who is employed in a workplace, except a senior managerial employee whose contract of employment or status confers the authority to do any of the following in the workplace-
(i) represent the employer in dealings with the workplace forum; or
(ii) determine policy and take decisions on behalf of the employer that may be in conflict with the representation of employees in the workplace; and
(b) “representative trade union” means a registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of the employees employed by an employer in a workplace.
33. General functions of workplace forum
A workplace, forum established in terms of this Chapter-
(a) must seek to promote the interests of all employees in the workplace, whether or not they are trade union members;
(b) must seek to enhance efficiency in the workplace;
(c) is entitled to be consulted by the employer, with a view to reaching consensus, about the matters referred to in section 84; and
(d) is entitled to participate in joint decision-making about the matters referred to in section 86.
80. Establishment of workplace forum
(1) A workplace forum may be established in any workplace in which an employer employs more than 100 employees.
(2) Any representative trade union may apply to the Commission in the prescribed form for the establishment of a workplace, forum.
(3) The applicant must satisfy the Commission that a copy of the application has been served on the employer.
(4) The Commission may require further information in support of the application.
(5) The Commission must-
(a) consider the application and any further information provided by the applicant; and
(b) consider whether, in the workplace in respect of which the application has been made-
(i) the employer employs 100 or more employees;
(ii) the applicant is a representative trade union; and
(iii) there is no functioning workplace forum established in terms of this Chapter.
(6) If satisfied that the requirements of subsection (5) are met, the Commission must appoint a commissioner to assist the parties to establish a workplace forum by collective agreement or, failing that, to establish a workplace forum in terms of this Chapter.
(7) The commissioner must convene a meeting with the applicant, the employer and any registered trade union that has members employed in the workplace, in order to facilitate the conclusion of a collective agreement between those parties, or at least between the applicant and the employer.
(8) If a collective agreement is concluded, the provisions of this Chapter do not apply.
(9) If a collective agreement is not concluded, the commissioner must meet the parties referred to in subsection (7) in order to facilitate agreement between them, or at least between the applicant and the employer, on the provisions of a constitution for a workplace forum in accordance with this Chapter, taking into account the guidelines in Schedule 2.
(10) If no agreement is reached on any of the provisions of a constitution, the commissioner must establish a workplace forum and determine the provisions of the constitution in accordance with this Chapter, taking into account the guidelines in Schedule 2.
(11) After the workplace forum has been established, the commissioner must set a date for the election of the first members of the workplace forum and appoint an election officer to conduct the election.