,LRM4801 Assignment 6 COMPLETE ANSWERS) 2024 -
DUE 26 August 2024 ; 100% TRUSTED Complete, trusted
solutions and explanations.
Question 1: Labour legislation and collective agreements Access
the NOTICE TO INITIATE INDUSTRY NEGOTIATIONS –
ENGINEERING 2024. WAGE NEGOTIATIONS AND
OTHER SUBSTANTIVE ISSUES by clicking on the link. You
can access the notice online, download it, save it on your
computer, or print it. It is, however, important to refer to this
notice when answering the following questions: One of the
submissions made by NUMSA is the request to extend the Main
Agreement to all non-party employers and employees. Identify
and discuss the relevant provisions of South African labour
legislation that govern the extension of Main Agreements to
non-parties. Evaluate the fairness and justifiability of extending
the Main Agreement to non-party employers and employees in
the Metal and Engineering Sector. [10]
To answer this question, we need to consider the relevant
provisions of South African labour legislation that govern the
extension of collective agreements, particularly the Main
Agreement, to non-party employers and employees in the Metal
and Engineering Sector.
1. Relevant Provisions of South African Labour Legislation
The primary legislation governing collective agreements in
South Africa is the Labour Relations Act, 66 of 1995 (LRA).
, Specifically, Section 32 of the LRA addresses the extension of
collective agreements to non-parties.
• Section 32(1) of the LRA provides that a bargaining
council may request the Minister of Employment and
Labour to extend a collective agreement to non-parties
within its registered scope.
• Section 32(2) requires that the Minister must extend the
collective agreement to non-parties if:
o The parties to the bargaining council represent the
majority of employers and employees in the sector.
o The agreement is not discriminatory against any
person who is not a party to it.
o The Minister is satisfied that the agreement has been
negotiated and concluded in good faith.
• Section 32(3) stipulates the conditions under which the
extension can be applied:
o The Minister must publish a notice in the Government
Gazette stating that the agreement will be extended to
all non-parties within the bargaining council's scope.
o Affected parties are provided an opportunity to make
representations before the agreement is extended.
• Section 32(5) allows for non-parties to apply for exemption
from the provisions of the extended agreement if they can
demonstrate undue hardship or other compelling reasons.
2. Fairness and Justifiability of Extending the Main
Agreement
Arguments in Favor:
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