LLW2602 Assignment 1 & 2 Semester 2 2024 | Due 16 August and 6 September 2024 - Multiple answers provided for both assignments.
Assignment 1:
The LRA provides for structures through which collective bargaining can take place, called bargaining councils. One of the functions of a bargaining coun...
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Assignment 1 - Due 16 August 2024
1. 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.
Answer One:
Collective bargaining is a fundamental mechanism in labor relations, allowing for the negotiation of
working conditions and terms of employment between employers and employees. In South Africa,
the Labour Relations Act (LRA) provides for structures known as bargaining councils, which are
central to this process. Bargaining councils are established to facilitate collective bargaining, dispute
resolution, and the administration of agreements within specific sectors or regions. A critical aspect
of their function is the conclusion and enforcement of collective agreements on behalf of their
members.
Binding Effect of Collective Agreements
A collective agreement is defined by the LRA as a written agreement concerning terms and
conditions of employment or any other matter of mutual interest concluded by one or more registered
trade unions on the one hand and one or more employers or registered employers' organizations on
the other hand.. The primary purpose of such agreements is to formalize the consensus reached
through collective bargaining, thereby regulating the rights and duties of the parties involved, as well
as the terms and conditions of employment for workers.
Collective agreements concluded within a bargaining council are binding on several parties. Firstly,
they bind the parties to the agreement and the members of every other party to the agreement,
provided the provisions are applicable to them. This means that members of a registered trade union
and employers who are part of a registered employers' organization involved in the agreement are
bound by its terms. Furthermore, even individual employees who are not members of the trade union
that concluded the agreement can be affected if the agreement regulates terms and conditions of
employment or the conduct of employers in relation to their employees.
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