(1) The employer of any mine where there must be a health and safety
representative in terms of section 25 must meet, within the prescribed
period, with the representative trade union of the mine to enter into
negotiations to conclude a collective agreement concerning -
(a) the designation of working places;
(b) the number of full-time health and
safety representatives;
(c) the election or appointment of health and safety
representatives;
(d) the terms of office of health and safety representatives and
the circumstances and the manner in which they may be removed from
office;
(e) the manner in which vacancies are to be filled;
(f) the manner in which health and safety representatives must
perform their functions in terms of this Act;
(g) the procedures for the effective exercise of the right to
withdraw from serious danger in terms of section 23;
(h) circumstances and the manner in which meetings referred to in
sections 30(1)(i) and 31(2) must be held;
(i) the facilities and assistance that must be provided to a
health and safety representative in terms of section 3 1 (3);
(j) the training of health and safety representatives;
(k) a procedure that provides for the conciliation and
arbitration of disputes arising from the application or the
interpretation of the collective agreement or any provision of this
Chapter; any prescribed matter; and
(m) any other matter which the parties believe will promote
health and safety at the mine or mines concerned.
(2) Before concluding a collective agreement referred to in
subsection (1) with the representative trade union, the employer must
consult on the matters referred to in that subsection with all other
registered trade unions with members at that mine.
(3) A collective agreement referred to in subsection (1) may include
two or more employers as parties to the agreement.
(4) To the extent that an agreement concluded in terms of subsection
(1) deals with any matter regulated by this Chapter or by any regulation
regarding any matter regulated by this Chapter, the provisions of this
Chapter or such regulation do not apply.
(5) The provisions applicable to collective agreements in terms of
the Labour Relations Act, read with the changes required by the context,
apply to agreements concluded in terms of subsection (1).
(6) If there is no representative trade union at the mine, the
employer must within the prescribed period -
(a) consult with the registered trade unions with members at the
mine on the matters referred to in subsection (1); and
(b) endeavour to reach agreement on the number of full-time
health and safety representatives at the mine.
(7) If there is no registered trade union with members at the mine,
the employer must, within the prescribed period -
(a) consult with the employees or any elected representative of
the employees on the matters referred to in subsection (1); and
(b) endeavour to reach agreement on the number of full-time
health and safety representatives at the mine.
(8) A dispute exists if either -
(a) no collective agreement in terms of subsection (1) is
concluded on the number of full-time health and safety
representatives at a mine; or
(b) no agreement is reached in terms of either subsection (6)(b)
or (7)(b).
(9) When a dispute exists in terms of subsection (8), any party to
the dispute may refer it to the Commission.
(10) When a dispute is referred to the Commission under subsection
(9), the Commission must attempt to resolve it through conciliation.
(11) If a dispute remains unresolved, any party to the dispute may
request that it be resolved through arbitration, in which case the
Commission, taking into account the guidelines in Schedule 1, must
determine the number of full-time health and safety representatives.
(12) Nothing in this section precludes the employer from consulting
with any employee who is not a member of a registered trade union or any
representative of those employees concerning the matters referred to in
subsection (1).
