Well-structured LLW2602 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... The LRA provides for structures through which collective bargaining can take place, called bargaining councils. One of the functions of a bargaining council is ...
LLW2602
Assignment 1 Semester 2 2024
Unique Number: 773949
Due Date: 16 August 2024
QUESTION 1 (3 ANSWERS PROVIDED)
The Labour Relations Act (LRA) establishes structures called bargaining councils to facilitate
collective bargaining between employers and trade unions. One of the principal functions of a
bargaining council is to negotiate and conclude collective agreements on behalf of its members.
These agreements are instrumental in regulating terms and conditions of employment and
addressing matters of mutual interest between employers and employees. The binding effect
of such agreements is a significant aspect of the collective bargaining framework provided by
the LRA.
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QUESTION 1 (3 ANSWERS PROVIDED)
The Labour Relations Act (LRA) provides a legal framework for collective bargaining in South
Africa, primarily through structures known as bargaining councils. These councils are
established to facilitate negotiation and conclusion of collective agreements between employers
and employees (through their unions). A collective agreement is defined as a written agreement
concerning terms and conditions of employment or other mutual interest matters between one
or more registered unions and one or more employers or registered employers’ organizations.
Who is Bound by Collective Agreements?
1. Parties to the Agreement:
o The primary binding effect of a collective agreement is on the parties who have
actively participated in its negotiation and conclusion. This includes the registered
unions and employers or employers' organizations that are signatories to the
agreement.
o Members of these unions and employers' organizations are also bound by the
terms of the agreement as it directly applies to them.
2. Members of a Registered Union and Employers:
o Even if not directly involved in the negotiation, members of a registered union that
is a party to the agreement, and employers who are members of a registered
employers’ organization that is a party to the agreement, are bound by its terms.
o This encompasses the terms and conditions of employment and the conduct of
both employers and employees as stipulated in the agreement.
Extension to Non-Parties
Sections 23 and 32 of the LRA provide mechanisms through which collective agreements can
be extended to non-parties, ensuring wider applicability and fostering labor peace within the
industry.
1. Section 23: Extension by Agreement
o Parties to a collective agreement can agree to extend its application to employees
who are not members of the union(s) that negotiated the agreement. The
requirements are:
▪ The employees must be specifically identified in the agreement.
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