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LCCO Unit 2 Part 3

This document discusses collective agreements under South African labour law. It defines a collective agreement as an agreement concluded between an employer or employers and a representative of employees to establish uniform terms of employment. Collective agreements are binding on the parties to the agreement as well as members of those parties. The document outlines rules for varying, rectifying, and terminating collective agreements. It also discusses agency shop agreements, which require employees to pay a fee to a representative trade union, and closed shop agreements, which require employees to be members of a particular trade union.

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52 views17 pages

LCCO Unit 2 Part 3

This document discusses collective agreements under South African labour law. It defines a collective agreement as an agreement concluded between an employer or employers and a representative of employees to establish uniform terms of employment. Collective agreements are binding on the parties to the agreement as well as members of those parties. The document outlines rules for varying, rectifying, and terminating collective agreements. It also discusses agency shop agreements, which require employees to pay a fee to a representative trade union, and closed shop agreements, which require employees to be members of a particular trade union.

Uploaded by

nomfundo ngidi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LCOL4810

COLLECTIVE LABOUR LAW


FOR FINAL YEAR STUDENTS
UNIT 2 PART 3

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


PART 3

COLLECTIVE AGREEMENTS
Part B Section 23-26 of the LRA

2
COLLECTIVE AGREEMENTS
• Collective agreements are concluded between an employer or a group of
employers, on the one hand, and the representative of a number of
employees.
• They establish uniform terms and conditions of employment for all
employees falling within the scope of the agreement.
• When individual employees consent either expressly or impliedly to the terms
of a collective agreement, its terms may at common law be deemed to have
been incorporated by reference into their individual contracts of service.
• The LRA confirms and extends this principle by giving statutory force to all
collective agreements, as defined, irrespective of the employees’
• consent, provided they are

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za

3
DEFINITION OF A COLLECTIVE AGREEMENT

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


LEGAL EFFECT OF COLLECTIVE AGREEMENT
• A collective agreement binds-
• (a) the parties to the collective agreement;
• (b) each party to the collective agreement and the members of every other
party to the collective agreement, in so far as the provisions are applicable
between them;

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


LEGAL EFFECT OF COLLECTIVE AGREEMENT

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


VARIATION AND RECTIFICATION
VARIATION

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


RECTIFICATION

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


TERMINATION OF COLLECTIVE AGREEMENTS

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


AGENCY AND CLOSED SHOP AGREEMENT
AGENCY SHOP AGREEMENT

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


AGENCY SHOP AGREEMENT

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


AGENCY SHOP AGREEMENT
• (i) the amount of the subscription payable by the members of the representative
trade union;
• (ii) If the subscription of the representative trade union is calculated as a
percentage of an employee’s salary, that percentage; or
• (iii) If there are two or more registered trade unions party to the agreement, the
highest amount of the subscription that would apply to an employee; that the
amount deducted must be paid into a separate account administered by the
representative trade union; and no agency fee deducted may be;
• (i) paid to a political party as an affiliation fee;
• (ii) contributed in cash or kind to a political party or a person standing for
election to any political office; or
• iii) be used for any expenditure that does not advance or protect the socio-
economic interests of employees.

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


CLOSED SHOP AGREEMENTS

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


CLOSED SHOP AGREEMENT

T: +27(0)51 401 9111 | info@ufs.ac.za | www.ufs.ac.za


THE END
THANK YOU!!

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