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LLW2602 ASSIGNMENT 1 2024 ESSAY
- Institution
- University Of South Africa (Unisa)
LLW2602 ASSIGNMENT 1 2024 ESSAY
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LLW2602 ASSIGN 1 SEM 2 2024DISCLAIMER
The LLW2602 assignment 1 sem 2 2024 is a guide that help students to answer their
1st assessment. Those who need further assistance may contact the given details:
, LLW2602 ASSIGN 1 SEM 2 2024
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 (10)
The Labour Relations Act (LRA) in South Africa is responsible for establishing a legislative
framework that is crucial for collective bargaining. This framework allows recognised
organisations, such as bargaining councils, to engage in negotiations (Phalane, 2019). In
the field of labour relations, employer organisations and registered trade unions establish
these councils to address a range of issues that commonly arise in different sectors of
the country. These include labour disputes, contract discrepancies, collective bargaining
agreements, and other matters of mutual concern. The objective of this assignment is to
analyse the legal perspective of statutory binding and the implications of collective
agreements. Additionally, it will explore how parties involved in the agreement can extend
these agreements to trade unions.
The binding effect of collective agreements
Phalane (2019) asserts that the LRA establishes the legitimacy of collective bargaining
agreements and determines whether they may be extended. Sections 23 and 32 of the
LRA serve as the starting point for this. Parties are bound by the collective bargaining
agreement, with the bargaining council playing a crucial role in this regard by involving
trade unions and employers who are members of the council (James, 2022). According
to research by Mutengwe, Mazenda, and Simawu (2024), employees who belong to trade
unions are also bound by the collective agreement. Because of the organizational
involvement, employer-employee interactions 0717513144are strengthened. Le Roux
(2020), who elaborated on the statutory bindingness of the collective bargaining
agreement and trade unions, likewise backed this claim. All members of employers'
organizations and trade unions are considered legal parties of the bargaining council,
according to research interpretations. This claim ignores the parties' direct participation
in the agreement's negotiation (Matumane, 2023). Therefore, if the bargaining council has
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