ATC121016: Interim report of the Portfolio Committee on Labour on the Labour Relations Amendment Bill [B16-2012] (National Assembly – sec 75), dated 16 October 2012 2011
Interim report of the
Portfolio Committee on Labour on the Labour Relations Amendment Bill [B16-2012]
(National Assembly sec 75), dated 16 October 2012
The Portfolio Committee on
Labour (the Committee), having considered the subject of the Labour Relations
Amendment Bill [B16-2012] (National Assembly sec 75), referred to it and
classified by the JTM as a section 75 Bill, reports as follows:
PARTICULARS OF THE
The Minister of Labour
introduced the Labour Relations Amendment Bill [B162012] (the proposed 2012
Bill), which was tagged as a section 75 Bill not affecting provinces.
The proposed 2012 Bill is
the result of a comprehensive review of the Act, aimed at addressing union
representation, essential services committee, employment contract, and other
related labour issues.
During the public hearings,
the Committee took note of the fact that cross references to the Constitution
of the RSA, 1996 (the Constitution) reflected the right to health care, food,
water and social security (section 27 of the Constitution), instead of the
right to fair labour practices (section 23 of the Constitution).
The Committee is of the
opinion that the current consideration of and deliberation on the proposed 2012
Bill presents an ideal opportunity to correct any such technical errors in the
Act with regard to cross-referencing to the Constitution and possibly other
legislation. The proposed amendments will not affect the tagging of the Bill.
OBJECTS OF THE
additional amendments will seek to align the Act (initially drafted under the
Interim Constitution) with the Constitution and other legislation with regard
to referencing, where appropriate.
PROCEDURE TO BE
Assembly Rule 249(3
b) provides that a committee may, if it is
considering a Bill that amends provisions of the
legislation, seek the
permission of the Assembly
to inquire into amending other provisions of
that legislation. In
this regard, the Committee intends going beyond
the sections in the Labour Relations Act, No. 66 of 1995, as
envisaged in the Labour Relations Amendment Bill
[B16-2012]. In order for the Committee to amend
other sections of the Act
over and above what is
amended through the Bill as introduced, the
Assembly is required
to grant permission for the Committee to do so.
additional amendments will have no financial implications, as these amendments
will be technical in nature.
The Committee therefore
recommends that the Assembly grants permission for the Committee to effect additional
technical amendments to the proposed 2012 Bill.
Report to be considered.
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