Bargaining Council Agreements South Africa

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 « extends » the agreement if the following parties have voted in favour of such an extension: the bargaining council must take into account an effective exemption procedure to allow non-parties to request exemptions from the provisions of the collective agreement and these exemptions must be dealt with promptly (within 60 days); and must allow an independent body to hear and rule on appeals if such a waiver is refused (within 30 days); one or more registered unions, including the majority of the members of the trade unions on the bargaining council, voted in favour of such an extension at a meeting of the bargaining council; with respect to funding agreements such as the MEIBC training and training program and its collective agreement governing wage costs, the Minister could renew such collective agreements if an omission could have a negative effect 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. 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. A bargaining council may ask the Minister of Labour to extend a collective agreement to non-parties within the scope of the bargaining council.

These non-parties must be mentioned in the request to the Minister. For such a request to be valid, two conditions must be met: trade unions and employers` organisations can request the formation of bargaining councils. Collective agreement committees look at collective agreements, resolve labour disputes, establish different systems and comment on labour policy laws. One of saLGBC`s core tasks is to manage disputes that have been referred to the Commission. Disputes are conducted at the department and/or central council level. Disputes such as unfair dismissals and unfair labour practices are referred to the relevant regional secretary of the division, to the relevant regional offices. Where the dispute concerns the interpretation or application of a collective agreement reached at the Central Council level, it must be referred to the Secretary General.