,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 the question about the extension of the Main
Agreement to non-party employers and employees, we need to
examine the relevant provisions in South African labour
legislation and evaluate the fairness and justifiability of such an
extension in the context of the Metal and Engineering Sector.
Relevant Provisions of South African Labour Legislation
The key legislation governing the extension of collective
agreements to non-parties in South Africa is the Labour
, Relations Act (LRA) 66 of 1995. Specifically, the following
sections are pertinent:
1. Section 32 of the LRA: This section empowers the
Minister of Employment and Labour to extend a collective
agreement concluded in a bargaining council to employers
and employees who are not parties to the agreement but fall
within the registered scope of the council. This process can
be initiated if the agreement has been concluded by the
majority of employers and employees within the bargaining
unit.
o Section 32(2): The bargaining council may request the
Minister to extend the agreement to non-parties. The
Minister must be satisfied that the agreement is signed
by the majority of the employers in the sector and that
the majority of employees within the sector are
employed by these employers.
o Section 32(3): The Minister must also be satisfied that
the non-party employers have been given an
opportunity to make representations, and that the
extension of the agreement would not be prejudicial to
the non-parties.
o Section 32(5): Once extended, the agreement becomes
binding on all employers and employees within the
scope of the council, regardless of whether they were
parties to the original agreement.
2. Section 23 of the LRA: This section addresses the binding
nature of collective agreements on all parties who fall
under the scope of the bargaining council, even if they are
not direct signatories.
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