Section 51: Procedure agreements

51. Procedure agreements (1) Where recognition has been obtained under section 36 (3), 37 (5) or 38, the trade union or group of trade unions or joint negotiating panel and the employer shall draw up and sign a procedure agreement to regulate their relations within 30 days from the date of recognition or such longer period as may be agreed. (2) Where any party referred to in subsection (1) refuses to draw up and sign a procedure agreement within the specified period, the other party may apply to the Tribunal for the making of a procedure agreement by way of an award. (3) Where an application is referred to the Tribunal under subsection (2), the Tribunal shall, in the first instance, endeavour to secure a settlement between the parties with a view to drawing up and signing a procedure agreement. (4) Where no settlement is reached under subsection (3), the Tribunal shall make an award for a procedure agreement. (5) The application made under subsection (2) shall be determined within 60 days of the date of receipt of the application. (6) A procedure agreement shall bind the parties to the agreement. (7) (a) A procedure agreement may be varied by both parties and where there is no agreement on a variation, any party may refer the matter to the Tribunal which shall make such order as it thinks fit, within 30 days of the date of the referral. (b) No claim for a variation of a procedure agreement shall be entertained by the Tribunal before the expiry of a period of 12 months commencing on the date of the coming into force of the procedure agreement, unless there is a change in circumstances that warrants such variation. E9A – 31 [Issue 5] Employment Relations Act (8) Where a party fails to comply with a provision of a procedure agreement, the other party may apply to the Tribunal for an order requiring the other party to comply with the provision of the procedure agreement. (9) An application made under subsection (8) shall be determined within 30 days of the date of receipt of the application. (10) The Tribunal may extend the period specified in subsection (9), where the circumstances so require, at the request of the applicant. (11) A party shall comply with an order made under subsection (8) within 14 days of the date of the order. [S. 51 amended by s. 16 of Act 5 of 2013 w.e.f. 11 June 2013.]