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Amended Labour Relations Act

by lloyd last modified 2010-08-25 09:39

23. Legal effect of collective agreement

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 3 : Collective Bargaining

Part B : Collective Agreements

23. Legal effect of collective agreement

(1)           A collective agreement binds-

(a)          the parties to the collective agreement;

(b)          each party to the collective agreement and the members of every other I party to the collective agreement, in so far as the provisions are applicable between them;

(c)           the members of a registered trade union and the employers who are members of a registered employers' organisation that are party to the collective agreement if the collective agreement regulates-

(i)             terms and conditions of employment; or

(ii)           the conduct of the employers in relation to their employees or the conduct of the employees in relation to their employers;

(d)          employees who are not members of the registered trade union or trade unions party to the agreement if-

(i)             the employees are identified in the agreement;

(ii)           the agreement expressly binds the employees; and

(iii)          that trade union or those trade unions have as their members the majority of employees employed by the employer in the workplace.

(2)           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.

(3)           Where applicable, a collective agreement varies any contract of employment between an employee and employer who are both bound by the collective agreement.

(4)           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.

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