Exam (elaborations)
LLW2602 ASSIGNMENT 1 SOLUTIONS SEMESTER 2 2023.PASS GUARANTEED.
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- University Of South Africa (Unisa)
LLW2602 ASSIGNMENT 1 SOLUTIONS SEMESTER 2 2023.PASS GUARANTEED.
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COLLECTIVE LABOUR LAW LLW2602ASSIGNMENT 1 SOLUTIONS SEMESTER 2 2023
UNIQUE NUMBER 710957
LLB TUTORS
, QUESTION 1 (4 ANSWERS PROVIDED)
The agreement concluded by TF and TWAR can be classified as a union security
agreement, specifically an agency shop agreement. An agency shop agreement is a
contractual agreement between a labor union and an employer that requires all
employees, whether union members or not, to pay a fee to the union in order to
receive the benefits and representation provided by the union.
In this case, TF and TWAR have entered into an agreement that obliges all employees
who are not members of TWAR to pay a monthly fee of R200 to TF. In exchange for
these fees, TWAR will represent and provide benefits to these non-members.
This agreement can be seen as a way for TWAR to ensure that non-members are
not free riding on the benefits and protections negotiated by the union. By requiring
non-members to pay a fee, the union can finance its activities and provide
representation to all employees, regardless of their membership status.
It is important to note that under Section 25 of the Labour Relations Act, such
agreements can only be concluded if certain requirements are met. These include
that the trade union must have majority representation, that the agreement must be
in writing, and that it must be made between the trade union and the employer or
employers' organization
In conclusion, the agreement between TF and TWAR can be considered a form of
agency shop agreement, as it requires non-members to pay fees to the recognized
union in exchange for representation and benefits. Section 25 of the Labour
Relations Act governs the nature and requirements of such collective agreements.
OR
Section 25 of the Labour Relations Act specifically deals with the nature of collective
agreements. A collective agreement is a written agreement between a registered
trade union and an employer or employers' organization, or a bargaining council. It
deals with terms and conditions of employment, such as wages, working hours, and
other employment-related matters.
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