43Interpretation of awards

43 Interpretation of awards

(1)  *[Section 43 Subsection (1) substituted by No. 59 of 1992, s. 29 ]*The Secretary, an employer or an organization with members subject to an award may apply to the President for a declaration on how any provision of that award is to be interpreted.

(1A)  *[Section 43 Subsection (1A) inserted by No. 59 of 1992, s. 29 ]*On receipt of an application under subsection (1) , the President must –

(a) declare, retrospectively or prospectively, how the provision of the award is to be interpreted and, if the declaration so requires, by order, vary any provision of the award to remedy any defect in it or give full effect to it; or

(b) if satisfied that a declaration under paragraph (a) would be inappropriate, by order, direct that an application to vary the award be made to clarify the provision of the award in respect of which the application was made.

(2)  *[Section 43 Subsection (2) substituted by No. 113 of 1986, s. 10 ]**[Section 43 Subsection (2) amended by No. 59 of 1992, s. 29 ]*The President shall cause notice of an application made to him under this section –

(a) by the Secretary to be served on every organization with members subject to the relevant award; or

(b) by an organization or employer to be served on every other organization with members subject to the relevant award and on the Secretary.

(2A)  *[Section 43 Subsection (2A) inserted by No. 113 of 1986, s. 10 ]*A notice under subsection (2) with respect to an application shall state –

(a) the matter to which the application relates; and

(b) the time and place at which the President will conduct a hearing on the application.

(3)  *[Section 43 Subsection (3) substituted by No. 113 of 1986, s. 10 ]**[Section 43 Subsection (3) amended by No. 59 of 1992, s. 29 ]*The President shall conduct a hearing on an application made to him under this section and there are entitled to be heard –

(a) the Secretary and every organization with members subject to the relevant award, in the case of an application made by the Secretary; or