May 8,2017 / News / Legal Brief

On 13 April 2017 (“Notice Date”) the Department of Labour gave notice in the government gazette of receipt of an application for registration of a bargaining council by the National Bargaining Council for the Private Security Sector (“Applicant”).

The included definition of ‘private security sector’ is as follows:

“The sector in which the employers and employees are associated for the purpose of guarding or protecting fixed property, premises, goods, persons or employees, including monitoring and responding to alarms at premises which are guarded by persons or by electronic means, but excluding the assets-in transit to the extent that it falls under the registered scope of the National Bargaining Council for the Road Freight and Logistics Industry.”

Any person may object to the registration of the bargaining council within 30 days of the Notice Date. Such written objections must be in writing and must be forwarded to the designated address at the Department of Labour.

The grounds upon which a person may object to the registration of the bargaining council are as follows:

(a) The applicant has not complied with the provisions of section 29 of the Labour Relations Act, read with the changes required by the context;
(b) The sector and area in respect of which the application is made is not appropriate; and
(c) The applicant is not sufficiently representative in the sector and area in respect of which the application is made.

The applicant may respond to any objection within 14 days of the expiry of the 30-day period mentioned above and must satisfy me that a copy of the response has been served on the person who objected within the 14-day period.

Should you require any information regarding the above please do not hesitate to contact us.