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Question 1: Labour legislation and collective agreements
Access the NOTICE TO INITIATE INDUSTRY NEGOTIATIONS – ENGINEERING
2024. WAGE NEGOTIATIONS AND OTHER SUBSTANTIVE ISSUES by clicking on
the link. You can access the notice online, download it, save it on your computer,
or print it. It is, however, important to refer to this notice when answering the
following questions:
One of the submissions made by NUMSA is the request to extend the Main
Agreement to all non-party employers and employees. Identify and discuss the
relevant provisions of South African labour legislation that govern the extension
of Main Agreements to non-parties. Evaluate the fairness and justifiability of
extending the Main Agreement to non-party employers and employees in the
Metal and Engineering Sector. [10]
Relevant Provisions of South African Labour Legislation
Labour Relations Act 66 of 1995 (LRA)
Section 32
This section provides the opportunity to expand collective agreements. An agreement
can be extended by the Commission for Conciliation, Mediation, and Arbitration
(CCMA) or the relevant bargaining council if it is deemed to be in the public interest
(Martins & Saraiva, 2020). This extension can be requested from the Minister of
Employment and Labour. If specific conditions are satisfied, such as the agreement
being approved by a majority of the bargaining council's members, it is possible for
non-parties to be included in the extension of the agreement.
Section 32(2)
The text provides a comprehensive explanation of the circumstances in which the
Minister has the authority to extend the agreement. These considerations involve
determining if the agreement is applicable to all parties involved and if it would not
harm the employers or employees.
Section 32(5)
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