Who Is Bound By A Collective Agreement

The AMCU Tribunal`s decision showed that Section 23 (1) (d) incriminated by the LRA could withstand constitutional control, particularly when considered in connection with the LRA majority deference policy. A challenge to the provision is also a challenge to the legislative policy chosen by parliament, which has important consequences, since it concerns the entire nomenclature of the law and not just section 23, paragraph 1, point d). In any case, the union that wanted to attack the principle wanted to rely on its majority representation in some employers` mines. It is therefore a self-destructive exercise. The judgment also emphasized the constitutional importance of this provision. It showed that Section 23 (1)d) ensures that workers whose union works outside a bargaining council can continue to exercise their right to collective bargaining effectively. The note took into account the importance of the right to strike, but it is not absolute and the restriction imposed on it is only collateral and justified in an open and democratic society. Finally, the consideration of international and foreign jurisprudence shows international recognition and acceptance of this practice. Moreover, the importance of Section 23, paragraph 1, point (d), is confirmed by its specificity, since in most EU countries certain administrative measures can be extended to whole sectors.

Section 23 (1) (d) creates the possibility of expanding within an employer, but includes all employees. Twice a year, in the fall and spring, high-level employers and workers` institutions will hold a conference with government officials to discuss economic developments and forecasts. At this conference, they are working to reach agreement on desired changes in wages and other working conditions. This agreement serves as a recommendation to trade union and employers` organisations for the next round of negotiations. 6 The binding nature of collective agreements and their effects on the individual employment contract Conflicts between sectoral and enterprise agreements are resolved by the exemption system. If a company with its own enterprise agreement is also a member of an employer organization involved in the negotiation of collective agreements, that company will ensure that it is excluded from the scope of a sectoral agreement by the parties to this agreement.