, The LRA provides for structures through which collective
bargaining can take place, called bargaining councils. One of the
functions of a bargaining council is to conclude and enforce
collective agreements on behalf of its members. Discuss the
binding effect of collective agreements concluded by a bargaining
council and whether such agreements can be extended to trade
unions and employers who are not part of the bargaining council
which concluded the collective agreement.
The Labour Relations Act (LRA) of South Africa sets out the
framework for collective bargaining and the establishment of
bargaining councils. These councils are instrumental in
negotiating and enforcing collective agreements on behalf of their
members, which include trade unions and employer organizations.
The following discussion will explore the binding effect of these
collective agreements, as well as the conditions under which they
can be extended to non-member trade unions and employers.
Binding Effect of Collective Agreements
Definition and Scope
A collective agreement, as defined by the LRA, is a written
agreement concerning terms and conditions of employment or any
other matter of mutual interest concluded between one or more
registered trade unions, on the one hand, and one or more
employers or registered employer organizations, on the other
hand.
Legal Status