General Overview of the Act Part 1 .The Social Partnership Council Section 5 - Nomination of appointed members
19.Section 5(1) provides that, before appointing employer representatives the First Minister must seek nominations from organisations the First Minister considers represent the views of each category of employers to be represented by employer representatives. However, the First Minister is not obliged to accept nominations for employee representatives and may appoint one or more individuals not so nominated.
20.The First Minister must have regard to any nominations made when appointing employer representatives. This will ensure that a wide range of organisations in both the private and public sectors can influence the appointment of employer representatives to the SPC.
21.Section 5(2) provides that before appointing worker representatives, the First Minister must seek nominations from Wales TUC Cymru.
22.The First Minister may only appoint worker representatives who have been nominated by Wales TUC Cymru. This will ensure that worker representatives are genuinely representative of the collective experience of the workforce.
23.However, the First Minister is not obliged to appoint all or any individual nominated by Wales TUC Cymru to be a worker representative. Therefore, the First Minister could decide not to appoint one or more Wales TUC Cymru nominees and ask for others to be nominated.
24.The intention is create a diverse group by providing for a wide range of employers and workers to be represented on the SPC.