Collective Agreements (General) - Example
21 PROVISIONS OF COLLECTIVE BARGAINING AGREEMENTS. .. framework for relations between labour unions and employers or employers' organizations. The Industrial Court The Act establishes an Industrial Court whose. A2: Section 27(1) of the Industrial Relations Act. , provides that in any proceedings Complaints of non-compliance of an Award or collective agreement. This page is about Labour Relations: Collective Bargaining. section 25 (3) (c) and (d) or section 26 (3) (d) may appeal against that award to the Labour Court.
A collective agreement binds for the whole period of the collective agreement every person bound in terms of subsection 1 c who was a member at the time it became binding, or who becomes a member after it became binding, whether or not that person continues to be a member of the registered trade union or registered employers' organisation for the duration of the collective agreement. Where applicable, a collective agreement varies any contract of employment between an employee and employer who are both bound by the collective agreement.
Unless the collective agreement provides otherwise, any party to a collective agreement that is concluded for an indefinite period may terminate the agreement by giving reasonable notice in writing to the other parties.
Disputes about collective agreements Every collective agreement excluding an agency shop agreement concluded in terms of section 25 or a closed shop agreement concluded in terms of section 26 or a settlement agreement contemplated in either section A or 1 cmust provide for a procedure to resolve any dispute about the interpretation or application of the collective agreement.
The procedure must first require the parties to attempt to resolve the dispute through conciliation and, if the dispute remains unresolved, to resolve it through arbitration. The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute.
The Commission must attempt to resolve the dispute through conciliation. If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration.
If there is a dispute about the interpretation or application of an agency shop agreement concluded in terms of section 25 or a closed shop agreement concluded in terms of section 26, any party to the dispute may refer the dispute in writing to the Commission, and subsections 3 to 5 will apply to that dispute.
If there is a dispute about the interpretation or application of a settlement agreement contemplated in either section A or 1 ca party may refer the dispute to a council or the Commission and subsections 3 to 5with the necessary changes, apply to that dispute. Agency shop agreements A representative trade union and an employer or employers' organisation may conclude a collective agreement, to be known as an agency shop agreement, requiring the employer to deduct an agreed agency fee from the wages of employees identified in the agreement who are not members of the trade union but are eligible for membership thereof.
The registrar must provide a certified copy of, or extract from, any of the documents referred to in subsection 6 to any person who has paid the prescribed fees. An employer or employers' organisation that alleges that a trade union is no longer a representative trade union in terms of subsection 1 must give the trade union written notice of the allegation, and must allow the trade union 90 days from the date of the notice to establish that it is a representative trade union.
Discuss the relationship between collective agreement and Industrial Court. As the means of regulating the relations between employers and union within the framework governing these relations constituted by the State. As the most important means of fixing wages and conditions of employment in the private sector.
The provision of Part IV, IRA does not apply to government service of any statutory authority, or to any worker employed by the government or by any statutory authority.
Collective agreement - Wikipedia
To improve wages and conditions of works and employment among employees. To protect employees welfare To avoid arbitrary action by employers. To involve employees in decisions making. Can avoid unilateral decisions. At any time, invite the other party to commence collective bargaining.
If an invitation has been made and accepted, collective bargaining must commence within 30 days of the receipt of the acceptance. But, if an invitation has been made and; a. The DGIR is authorized… to take such steps that necessary… to get the parties to commence bargaining.
TOPIC 6 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENT
If an invitation has been made and accepted, and collective bargaining has commenced and successfully concluded the end result is a collective agreement. If the bargaining has not been successfully concluded… the law is silent on this point. If the bargaining failed to result in an agreement… a trade dispute is presumably- as exists. The promotion of a workman from lower to higher grade.
The transfer of a workman within the organization whereby is does not harm an employee in regard of his term of service The termination of service of a worker by reason of redundancy or reorganization.
The dismissal or reinstatement of a worker. The assignment or allocation of duties or tasks to a worker that is compatible with the term of service.
TOPIC 6 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENT - ppt video online download
There is no guarantee that collective bargaining will result in a collective agreement. If the collective bargaining is successfully concluded the end result is a collective agreement. The failure of collective bargaining will result in a trade dispute.