Bargaining Council Agreements

In the case of funding agreements such as the meibc and the collective agreement that regulates wage costs, the Minister would be able to extend these collective agreements if an omission could have a negative impact on sectoral collective bargaining. A contract may be renewed at the request of a party to the bargaining board for a period of twelve months if the underlying contract has expired or if the parties have not entered into a replacement collective agreement within 90 days of the expiry of a replacement collective agreement. The steps of the procedure should be followed, as the Minister would be required to publish such an intention of renewal in the government`s scoreboard, which requests applications before a decision is made on the extension. Such a decision must be reviewed before a competent court. The extension of collective agreements has been put to the test within the Free Market Foundation/Minister of Labour - Others [2016] ZAGPPHC 266. The Free Market Foundation sought an order declaring Article 32 of the LRA unconstitutional and was in breach of the Constitution, insofar as it allows private operators, such as bargaining councils, to impose binding obligations on employers and workers who are not members of the Council. The Foundation also challenged the constitutionality of Section 32, on the grounds that it does not give the Minister a material discretion to refrain from seeking the renewal of collective agreements. Although the case was dismissed on the basis that the Foundation`s argument was "totally false" and "fundamentally wrong," the case clarifies how an expanded collective agreement can be challenged by parties who are not parties to the collective agreement. The Tribunal found that it was possible that the decisions of the bargaining council could be reviewed for the reasons set out in the Administrative Court Promotion Act or for reasons of legality. The court also confirmed that non-members of a bargaining council may apply for a waiver from the expanded agreement. Non-members may also challenge in court a Council`s decision not to exempt them from the extended agreement.

Section 32 of the Labour Relations Act 1995 (LRA) authorizes the extension of sectoral collective agreements to those who are not directly involved in collective bargaining and who are not involved in the agreement reached within the Collective Agreements Council. In paragraphs 32, paragraphs 1 and 2 of the LRA, the Minister of Labour must "extend" the agreement if the following parties have voted in favour of such an extension: despite the above, the Minister is given the power to extend a collective agreement if the parties to the bargaining council are not a majority but sufficiently representative. This power can be exercised if the Minister is concerned that a failure of the extension will jeopardize collective bargaining at the sectoral level. To establish sufficient representation, the minister must consider a number of aspects, such as. B: one or more registered unions, the majority of which are members of the bargaining council, voted in favour of such an extension at a meeting of this bargaining council; and a bargaining council may ask the Minister of Labour to extend a collective agreement to non-party parties within the scope of the bargaining council. These non-parties must be mentioned in the request to the Minister. For such an application to be valid, two conditions must be met: the application of collective agreements by this council is, like any other, subject to Article 33A of the Industrial Relations Act. Members of employer organizations that are parties to the collective agreement employ the majority of workers who enter the scope of the collective agreement after the extension of the collective agreement; The purpose of this "labour relations" course is to help learners explain the role of bargaining councils in the labour market.

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