The Transnet Bargaining Council was first established as a Labour Council in August 1988. The Labour Council was then registered as an Industrial Council in terms of the then existing Labour Relations Act.
It must be borne in mind that at that stage, the Labour Relations Act had undergone many changes since its earlier incarnation as the Industrial Conciliation Act of 1924, later amended in 1956 and further overhauled in 1979 in the wake of the Wiehahn Commission of Inquiry into labour legislation.
After the historic 1994 elections that ushered in a democratically elected government for the first time in South Africa, one of the major pieces of legislation passed by the new Parliament was the Labour Relations Act, Act 66 of 1995.
Item 1 of Schedule 7 of the Labour Relations Act states that:
“An industrial council registered or deemed to be registered in terms of the Labour Relations Act immediately before the commencement of this Act, will be deemed to be a bargaining council under this Act…”
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What we do
The Transnet Bargaining Council, like all other registered bargaining councils, is a creature of statute that consists of representatives from the admitted trade unions on the one hand and Transnet as the employer on the other.
The main purpose of bargaining councils is to reach consensus on terms and conditions of employment.
The functions of the council are derived from the Labour Relations Act and are in turn spelt out in the constitution of the council.
- Conclude collective agreements;
- prevent and resolve labour disputes within its registered scope;
- establish and manage a dispute resolution fund;
- promote and establish training and education schemes;
- generally build and maintain collaborative labour/management relationship
The Transnet Bargaining Council, along with all other bargaining councils that were in existence before the promulgation of the 1995 Labour Relations Act, therefore continued to exist. In this regard, the Department of Labour issued a registration certificate bearing the name of the Transnet Bargaining Council.