Sect. 26.  Sectoral-level bargaining.

(1) A trade union, or more than one acting jointly, representing employees in a sector, may request one or more duly authorized employers' organizations representing employers in that sector to enter into collective bargaining.

(2) An employers' organization, or more than one acting jointly, representing employers in a sector, may request one or more duly authorized trade unions representing employees in that sector to enter into collective bargaining.

(3) The respondent organization shall give the requesting party a written reply within sixty days of receiving the request.

(4) Where one trade union, or more than one acting jointly, representing at least fifteen percent of employees in a sector, has made a written request to enter into collective bargaining, and the employers' organization has failed to reply within sixty days of receiving the request, or has replied to the effect that the request has been refused, the trade union may apply in the prescribed form to the Minister requesting the establishment of an industrial council.

(5) Where one employers' organization, or more than one acting jointly, representing employers employing at least fifteen per cent of employees in a sector, has made a written request to enter into collective bargaining, and the trade union has failed to reply within sixty days of receiving the request, or has replied to the effect that the request has been refused, the employers' organization may apply in the prescribed form to the Minister requesting the establishment of an industrial council.

Sect. 27.  Establishment of industrial councils.

(1) If the Minister is satisfied that there has been compliance with section 26(4) or (5), he or she shall establish an industrial council.

(2) The Minister may require the parties to provide any further relevant information.

(3) The Minister shall notify the relevant parties of his or her decision within 21 days of receiving the application.

(4) A decision to establish an industrial council shall be published in the Gazette and in at least one newspaper in general circulation in Malawi, along with a description of the sector, the relevant parties, and an invitation to other trade unions and employers' organizations in the sector to apply to participate in the council.

Sect. 28  Composition of industrial councils.

(1) Subject to subsection (2), the members of an industrial council shall include.

(a) the organizations applying under section 26(4) or (5) and the respondent organizations;

(b) any other duly authorized organization representing employees or employers in the sector requesting admission to the council,

except where the Minister considers it inappropriate to include an organization in the industrial council due to the description of the sector or the fact that the organization is not sufficiently representative.

(2) An organization may apply to the Minister for an exemption from participating in the bargaining council on behalf of some or all of its members, based on the fact that effective collective bargaining is already taking place vis-à-vis those employers or that trade union or that it is impracticable for that organization to be involved.

(3) An organization that has not been included in the industrial council or has been refused an exemption may apply to the Industrial Relations Court for a review of the decision, within 30 days of receiving the decision of the Minister.

Sect. 29. Meetings of industrial councils.

(1) Where an industrial council has been established, a first meeting of the parties shall be convened by the Minister within sixty days of such agreement or establishment, unless the parties agree otherwise.

(2) At the first meeting of the industrial council, the parties shall draw up an agreement to regulate the procedures of the industrial council.

(3) The agreement referred to in subsection (2) shall provide for

(a) the appointment of representatives of the parties to the industrial council, half of whom shall represent the trade unions and the other half the employers' organizations that are party to the industrial council;

(b) the manner in which decisions are to be made; and

(c) the admission of additional trade unions and employers' organizations as parties to the industrial council.

(4) The parties shall meet once a year, unless the parties agree otherwise.

Sect. 30.  Functions of industrial councils.   The functions of the industrial council may include any matter agreed by the parties including -

(a) negotiating wages and conditions of employment;

(b) the establishment of dispute resolution machinery;

(c) the development of an industrial policy for the industry concerned.

[Malawi, Labour  Relations Act,1996]

Sect. 40.  Establishment of industrial councils.

(1)            The Commission may establish an industrial council for an industrial sector where-

(a)            the trade union or unions representing employees in the sector or the organization or organizations representing employers in the sector, or both, request it to establish an industrial council for the sector;

(b)            it finds, in accordance with section 37(2), that the industrial sector is an appropriate level for the bargaining unit;

(c)             it is satisfied that the organizations concerned are sufficiently representative of the employees and employers in the sector; and

(d)            it is satisfied that establishment of an industrial council would provide an effective framework for collective bargaining in the sector.

(2)            Where the Commission has established an industrial council, it shall publish its decision on three consecutive days in two daily newspaper, with a description of the sector, the names of the parties and an invitation to other trade unions and employers or employers' organizations in the sector to apply to participate in the council.

(3)            Where other trade unions or employers' organizations apply to participate in the council, the Commission may certify them as members of the industrial council if it is satisfied that they are sufficiently representative of the employees (or particular categories of employees) or the employers in the sector;.

(4)            The industrial council shall be composed of the recognize d or certified trade union or unions or group of trade unions and the employers' organization or organizations representing members in the bargaining unit, and any other trade union or group of trade unions or employers' organizations that have been certified as members by the Commission.

(5)            Where an industrial council has been established - 

(a)            the Commission shall convene a meeting of the council within 60 days of the publication of the decision of the Commission, unless the parties agree otherwise;

(b)            the council shall, at its first meeting, draw up an agreement to regulate its procedures, which shall include provision for -

(i)            the appointment of representatives of the parties, with equal representation for trade unions and employers' organizations;

(ii)            the election or appointment of a Chairperson;

(iii)            the manner in which decisions shall be taken;

(iv)            the admission of other members to the council;

(v)            when meetings of the council shall be held.

[ILO draft provisions for a Member country]