LESSON 07

COLLECTIVE BARGAINING AND NEGOTIATION

CONTENTS
Page
1 INTRODUCTION ............................................................................................................................. 2
2 AIM OF THE LESSON .................................................................................................................... 2
3 LEARNING OUTCOME FOR THE LESSON ................................................................................... 2
4 KEY CONCEPTS ............................................................................................................................ 4
5 RECAP OF PRIOR LEARNING ...................................................................................................... 4
6 RESOURCES .................................................................................................................................. 5
7 THE CONCEPTS “COLLECTIVE BARGAINING” AND “NEGOTIATION” .................................... 6
8 ESTABLISHING A BARGAINING RELATIONSHIP ....................................................................... 6
9 THE COLLECTIVE BARGAINING PROCESS ................................................................................ 7
9.1 Input components ................................................................................................................... 9
9.2 The conversion process.......................................................................................................... 9
9.3 Output components .............................................................................................................. 10
10 SUMMARY .................................................................................................................................... 11
11 SELF-ASSESSMENT .................................................................................................................... 11
12 LIST OF REFERENCES AND ADDITIONAL READING ............................................................... 12
Lesson 07 LRM4801

1 INTRODUCTION

Societal changes and/or changes in areas such as technology, global competition, deregulation and
competitive demands (see lesson 3) are putting increasing pressure on the “duties” of the roleplayers
(employers, employees and the state). They need to be “social partners” in a cooperative effort to promote
economic development and survival, social justice, labour peace and workplace democratisation. The only
way to achieve this is through collective bargaining and joint decision-making processes, which may lead to
collective agreements. In lesson 6, we looked at methods of communication and employee involvement and
participation. In this lesson, our focus will shift towards the more traditional form of interaction between
employees and employers, namely collective bargaining. We will attempt to answer the following questions:
• What is collective bargaining and how does it differ from negotiation?
• How do I, as a manager, establish a bargaining relationship with employee representatives/ trade
unions?
• What does the process of collective bargaining involve?

As mentioned earlier, collective bargaining and negotiation are dealt with extensively in a separate
postgraduate module (LRM4802) and are, therefore, not elaborated on in this lesson. You should, however,
still be familiar with collective bargaining within the South African environment in so far as it affects strategic
labour relations decisions in organisations. The focus here, therefore, is on those aspects that will affect, and
be influenced by, labour relations strategies and policies, and not on the practical aspects of collective
bargaining and negotiation.

2 AIM OF THE LESSON

The aim of this lesson is to enable you to align the management of collective bargaining and negotiation in
an organisation with the employment relations strategy and policy.

3 LEARNING OUTCOME FOR THE LESSON

In this lesson we will focus on the following specific outcome:

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You should demonstrate your ability to do this by:

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4 KEY CONCEPTS

5 RECAP OF PRIOR LEARNING

Let’s start with an activity to determine if you remember what you learnt about collective
bargaining and negotiation at undergraduate level.

Activity 7.1: Self-assessment

Click on the Self-assessments link on the LRM4801 myUnisa module site. You will notice a
number of self-assessments available for this module. Select the one indicated as Self-
assessment: Activity 7.1. You will notice that the self-assessment consists of 10 multiple-
choice questions. Answer these questions without referring to any sources, such as books or study guides
previously used. Once you have answered all the questions, submit the self-assessment. Don’t be concerned.
This score will be for your own assessment purposes only and will not contribute to any marks for this module.
You will receive a score as well as answers to and brief feedback on each question.

Feedback

This activity focused on the fundamentals of collective bargaining and negotiation. Did you
do well? If you were able to answer the questions easily, you may continue with the lesson.
However, if you experienced difficulty in answering the questions, you should first do some
reading before commencing with the lesson. At this point, you should be able to answer the following
questions:

(1) Distinguish between the concepts “collective bargaining” and “negotiation”.

(2) Describe in detail the general approaches to collective bargaining.
(3) Distinguish between and critically discuss the value of the various kinds of bargaining structures.
(4) List the potential advantages and disadvantages of centralised and decentralised collective bargaining.
(5) Illustrate the important role played by negotiators by concentrating, inter alia, on the following factors:
• the various roles in negotiating teams
• the principal tasks generally performed by negotiators
• the qualities and abilities required for successful negotiators
(6) Distinguish between various “categories” of collective agreements with the aid of a diagram, and briefly
discuss the different “types” of collective agreements.
(7) Briefly explain the legal implications of collective agreements in South Africa.
(8) Briefly discuss the typical content of procedural, substantive and transformation agreements, using
practical examples to illustrate your discussion.

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6 RESOURCES

You are now ready to begin with this lesson. The first step is to ensure that you have sufficient resources that
deal with the topic. Start by downloading the e-reserves for this lesson.

E-reserves

Bendix, S. 2015. Labour relations, a southern African perspective. 6th edition. Cape Town:
Juta. Chapters 5 (Collective bargaining).

Remember that all the e-reserves for this module are listed on the LRM4801 myUnisa module site (see the
Prescribed books link). You should download them from the OASIS Library catalogue. See the Study @
Unisa brochure or the frequently asked questions (FAQs) on the LRM4801 myUnisa module site for more
details.

Additional reading

The following books may be consulted to obtain a more holistic view of the topics addressed
in this lesson:

• Bendix, S. 2015. Labour relations, a southern African perspective. 6th edition. Cape Town: Juta.
Chapter 11 (Traditional negotiation).

• Finnemore, M, Koekemoer, GM & Joubert, YT. 2018. Introduction to labour relations in South Africa.
12th edition. Durban: LexisNexis. Chapter 8 (Collective bargaining forums) & chapter 11 (The
negotiation process).

• Nel, PS, Kirsten, M, Swanepoel, BJ, Erasmus, BJ & Jordaan, B. 2016. South African employment
relations, theory and practice. 8th edition. Pretoria: Van Schaik. Chapter 6 (Collective bargaining,
conflict and negotiation).

• Swanepoel, BJ & Slabbert, JA. 2012. Introducing labour relations management in South Africa. Durban:
LexisNexis. Chapter 8 (Managing the mainly divergent interests in labour relations).

• Venter, R, Levy, A, Bendeman, H. & Dworzanowski-Venter. 2014. Labour relations in South Africa. 5th
edition. Cape Town: Oxford. Chapter 9 (Collective bargaining and organisational rights) & chapter 10
(Negotiation).

Also refer to the list of references at the end of the lesson for additional sources of information relevant to
this lesson.

In lesson 5, you learnt that top management needs to make certain structural decisions about labour relations
management to ensure that the workplace-level structures, mechanisms and procedures are in line with the
generic and grand strategies for employment relations management, as well as the overall organisational
strategy. Some of the factors that need to be considered are communication systems and advisory committee
systems (such as workplace forums). We will therefore look briefly at these two factors again, although they
were covered in detail in your undergraduate studies. However, here your focus should not merely be on the
implementation of these systems at organisational level, but rather on ensuring that they are (and remain) in
line with the long-term objectives and, therefore, the strategy of the organisation and labour relations in
particular.

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7 THE CONCEPTS “COLLECTIVE BARGAINING” AND “NEGOTIATION”

Collective bargaining is “a process in which representatives of labour and representatives of the employer
(management) negotiate and otherwise interact in an attempt to reach agreements and to uphold these
agreements regarding matters that relate to or may impact on the employment relationship. The collective
concept thus indicates that these are representatives who speak for the groups which they represent” (Nel
et al 2016:254).

In addition to conflict, commonality of interests also serves as a basis for collective bargaining.

Slabbert et al (2006:16-7) define negotiation as recognising that there is conflict; preparation to meet with
one another; communicating with one another to persuade the other party to move or change its position by
using strategies and tactics as instruments of persuasive communication; and reaching agreements, which,
if implemented successfully, will eliminate the conflict.

When studying various sources, you may notice that the concepts “negotiation” and “collective bargaining”
are often used interchangeably. According to Bendix (2015:466), this is understandable, since collective
bargaining encompasses the act of negotiation. Other authors, such as Slabbert et al (2006:15-8), regard
collective bargaining as one of many different types or modes of negotiation.

Activity 7.2: The concepts “collective bargaining” and “negotiation”

Consult various resources, such as the ones listed at the beginning of this lesson. You will
probably notice that authors have different viewpoints on the definitions of the concepts
“collective bargaining” and “negotiation”. Formulate your own definitions of these two concepts.

Now compare your definitions and determine how these two concepts differ. Can they be regarded as
synonyms and be used interchangeably? What is the interrelationship between them?

Feedback

Unfortunately, many authors use the concepts “collective bargaining” and “negotiation”
interchangeably, which leads to a great deal of confusion. We do not agree with this
approach and believe that, although closely related, a distinction must be made between
the two concepts. In the context of this module, we see negotiation as being part of collective bargaining,
because the term “negotiation” relates to the actual, practical implementation of the concept “collective
bargaining”.

Collective bargaining involves actual negotiation, because it refers to the whole system and process,
including broader institutional or structural arrangements, and is designed to structure and facilitate
interactions between the parties. In this sense, negotiation is only part of collective bargaining, namely that
part concerned with the actual execution of some of the collective bargaining arrangements.

Study

You must understand and be able to differentiate between the concepts “collective bargaining”
and “negotiation”. You should also be able to explain the interrelationship between the two.

8 ESTABLISHING A BARGAINING RELATIONSHIP

In your studies of labour relations management thus far, you have learnt that the employment relationship
has both individual and collective dimensions. The individual dimension of this relationship is found in a formal
contract of employment, while the collective dimension is based on a collective agreement that is the result
of collective bargaining between parties representing a group interest. Therefore, prior to the establishment
of a bargaining relationship, a formal relationship, regulated by the contract of employment or legislative

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provisions, does exist between the employer and the individual employee. The bargaining relationship is
characterised by the employer’s formal agreement to enter into negotiations with his or her employee, or
group of employees, with a view to mutual recognition of their relationship (Bendix 2015:192).

Remember that the employer-employee relationship stems from the fact that a mutual interest exists between
the parties engaged in producing goods and services in order to achieve success. Bendix (2010:256)
elaborates on this point and states that “while commonality of interest may be the basis of the bargaining
relationship and conflict the reason for the bargaining, power could be described as its driving force”.

Study

Study the section on the establishment of a bargaining relationship in chapter 5 (pp 193-
194) of Bendix (2015). As a labour relations manager, you must know how to establish a
bargaining relationship with one or more trade unions representing employees in your
workplace. Remember that your approach to trade unions should be in line with the labour relations strategy
you have decided to adopt. Also refresh your knowledge of the legal provisions relating to collective
bargaining (which were addressed in lesson 4) by studying the following sections in chapter 5 of Bendix
(2015):
• The right to free collective bargaining (p 204)
• Freedom of association and freedom from victimisation (pp 204-205)
• Organisational rights (pp 207-214)
• The duty to bargain: legal precepts (pp 234-236)

9 THE COLLECTIVE BARGAINING PROCESS

Once the bargaining relationship has been established, the bargaining process can commence. Different
types of bargaining structures (such as bargaining councils, statutory councils and the National Economic
Development and Labour Council (NEDLAC) may be used, and bargaining may take place at different levels
(centralised bargaining at national or sectoral level, or decentralised bargaining at company level). The state
also plays a vital role in collective bargaining. This is especially true where the state determines, through
legislation, the bargaining structures and the relationship in general. Note, however, that South African law
does not enforce a duty to bargain. It merely promotes good-faith bargaining through the creation of an
institutional framework. The collective bargaining process consists of various phases, namely inputs, the
conversion process, outputs and feedback (maintenance and evaluation). Slabbert et al (2006:6-9) aptly
illustrate this process, as shown in figure 1.

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Figure 1: The collective bargaining process

INPUTS CONVERSION PROCESS OUTPUTS

(COLLECTIVE BARGAINING)

PRIMARY FORCES SECONDARY FORCES

Levels of collective bargaining

Environmental forces Individual influences

• Economic • Ability and skills COLLECTIVE
• Political/legal • Value and attitudes AGREEMENTS
RESULTS
• Social • Personality National
• Technological • Perception
• Learning Agreements on
Intermittent Final
• Motivation Industry national policy
Competitive forces • Biographical and legislation
• Harmonious • Competitive-
• Globalisation characteristics
Regional or sub- employment ness
• • Individual decision-
New technology sector within industry relations • Economic
• Blurring boundaries making Procedural
• Social development
• Deregulation Various plants agreements
Company justice
• Over-capacity level SBU or plant • Workplace
• Goals of parties democrati-
Transformational sation
Public sentiment • Labour law
agreements
• Precedents in Actors Decentralised
bargaining bargaining
Internal environmental • Issues being • State
forces discussed • Union Substantive
• Employer agreements
• Strategy Centralised
• Culture • Community bargaining
• Leadership style
• Structure
• Customer orientation • Group decision-making
• Quality • Communication
• Participation • Conflict
• Lean manufacturing • Power and politics
• Skills • Other groups
• Trust • Leadership
• Communication • Group structure Feedback loop
• Reward
• Social compact Group influences

Source: Slabbert et al (2006:9-9) (reprinted with permission).

9.1 Input components

You will notice that various inputs influence the conclusion of collective agreements. These components can
be divided into two categories, namely primary and secondary forces. Primary forces include both internal
and external environmental forces, competitive forces and public sentiment, while secondary forces relate to
individual and group influences in the workplace.

Activity 7.3: Environmental forces affecting collective agreements

Find a recently concluded collective agreement in your organisation. Identify and explain the
forces that influenced the conclusion of this collective agreement. You may want to refer back
to lesson 3 to see what internal and external environmental forces you identified, which affect
labour relations management. Also refer to the functioning of groups in the workplace, as explained in lesson
2.

Feedback

If you are not employed, you could have obtained an example of a collective agreement
from the internet. Use Google or any other internet search engine that you are familiar with
and type “examples of collective agreements South Africa”. Did you find any examples?

You may have suggested different forces that could influence the conclusion of a particular collective
agreement. However, you should have been able to distinguish between primary forces, such as
environmental forces, competitive forces, public sentiment and internal environmental forces, and secondary
forces, such as the goals of the parties, issues under discussion, labour law and precedents in bargaining.

Read

You must be able to identify and explain the primary and secondary forces that influence the
conclusion of collective agreements. Analyse their impact and the extent to which these
forces influenced the collective agreements concluded recently in your organisation.

9.2 The conversion process

In lesson 5, we explained that certain structural decisions need to be made when implementing a labour
relations strategy. One of these decisions relates to the way that collective bargaining will take place in the
organisation. For instance, management will have to decide whether it would prefer to negotiate at a
centralised or decentralised level. If it decides to involve itself in centralised collective bargaining, it needs to
determine whether such bargaining will take place at sectoral/industry level by means of a bargaining or
statutory council, or whether it also wants to be represented at national level by means of a body such as
NEDLAC. It also has to establish who will be involved in the collective bargaining and negotiation processes.
Lastly, it needs to determine what approach to bargaining it will follow (this would probably be in line with the
managers’ “frames of reference”, as discussed in lesson 1). Most authors distinguish between distributive
and integrative bargaining, but Nel et al (2016:263) add attitudinal structuring and intra-organisational
bargaining.

Study

Study the following sections in chapter 5 of Bendix (2015):

• The scope and content of collective bargaining (p 194-196)

• Bargaining styles (pp 196-197)
• Bargaining structure (pp 197-203)
Lesson 07 LRM4801

• Pluralism and collective bargaining (p 203)

• Centralised bargaining structures (pp 222-228)
• Decentralised bargaining structures (pp 229-230)
• The ongoing debate about bargaining structures (pp 230-234)

Make sure that you understand the framework for collective bargaining in South Africa (levels, structures,
scope, etc). You should be able to decide on a collective bargaining structure and approach for an
organisation in line with its employment relations strategy and policy.

Negotiation between the parties is one of the tools used in the conversion process. Remember what we said
earlier: Negotiation is only part of collective bargaining, namely that part concerned with the actual execution
of some of the collective bargaining arrangements. Therefore, once the necessary decisions relating to
collective bargaining have been made and structures have been put in place, the actual interaction between
the parties will take place. This interaction is referred to as the negotiation process and consists of three
phases: the approach phase (planning and preparation), the progress phase (face-to-face interaction
between the parties) and the conclusion phase (the result). Keep in mind that, in practice, it is not possible
to distinguish clearly between the three phases of negotiation, although every phase has its own qualities;
we draw the distinction between the three phases merely to clarify the process. It falls outside the scope of
this module to study the negotiation process and concomitant principles and techniques in detail.

9.3 Output components

In the previous sections, the input factors and the mechanisms of conversion were discussed. This section
focuses on the outputs. The main outcome of the collective bargaining process (and, therefore, also of the
negotiation process) is (or should be) the collective agreements reached between the parties.

In terms of section 213 of the Labour Relations Act 66 of 1995 (LRA), a collective agreement means a
written agreement concerning terms and conditions of employment or any other matter of mutual interest
concluded by one or more registered trade unions, on the one hand, and one or more employers; one or
more registered employers’ organisations; or one or more employers and one or more registered employers’
organisations, on the other hand.

Study

Go back to chapter 3, Part B (ss 23-26) of the LRA, which you studied in lesson 4 (see section
8.4 in Lesson 04), and make sure that you fully understand the nature and legal effects of
collective agreements.

From figure 1, you will deduce that collective agreements can be divided into three broad categories, namely
recognition/procedural agreements, substantive agreements and transformational agreements. These formal
agreements may lead to more harmonious employment relations, a perception of social justice among the
workforce, and the promotion of workplace democratisation. However, the outcome of the collective
bargaining process still needs to be in line with organisational goals, such as increased competitiveness and
economic development.

Study

Study the following sections in chapter 5 of Bendix (2015):

• Closed shops and agency shops (pp 215-220)

• Enforceability of agreements (pp 221-222)

Also refer to some of the labour relations textbooks listed at the beginning of this lesson and ensure that you
understand what the following broad categories of collective agreements entail, as they are an integral part
of your understanding of the output components of the collective bargaining process:

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• NEDLAC agreements
• bargaining and statutory council agreements
• agency-shop and closed-shop agreements
• substantive agreements
• procedural/recognition agreements
• transformational agreements

Although you, as a labour relations manager, may not be expected to draw up the agreements, you will most
definitely be involved in formulating them. It would therefore be to your advantage to study examples of such
agreements. Remember that collective bargaining is an ongoing process. In other words, once agreements
have been formulated, they need to be implemented and then maintained. Continuous assessment of the
agreements is therefore essential and, if necessary, a new round of bargaining to amend the agreements
may be entered into.

10 SUMMARY

Collective bargaining and collective agreements are an integral part of labour relations management because
they “set the scene” for future employment relations. In fact, a number of structures and procedures utilised
in the workplace are the result of collective bargaining and are contained in collective agreements. In the next
lesson, we will therefore focus on the various labour relations structures and procedures.

After working through this lesson, you should have compiled notes on the following topics for revision
purposes:
(1) the concepts “negotiation” and “collective bargaining”, and the interrelationship between them
(2) establishing a bargaining relationship with one or more trade unions representing employees in your
workplace
(3) the collective bargaining process
(4) the primary and secondary forces that influence the conclusion of collective agreements
(5) levels of collective bargaining
(6) bodies/structures for collective bargaining
(7) roleplayers in collective bargaining
(8) centralised and decentralised bargaining
(9) the definition of “collective agreements”
(10) the nature and legal effects of collective agreements
(11) collective agreements within the ambit of the LRA, including
(a) NEDLAC agreements
(b) bargaining and statutory council agreements
(c) agency-shop and closed-shop agreements
(d) substantive agreements
(e) procedural/recognition agreements
(f) transformational agreements

11 SELF-ASSESSMENT

After you have completed each lesson, it is necessary for you to determine whether you have
achieved the relevant learning outcomes stated at the beginning of the lesson. Therefore, read
through the relevant learning outcomes again before attempting to answer the self-
assessment questions.

To ensure that you have achieved the learning outcomes, answer the questions that follow and then study
the feedback on the questions. Remember, the feedback is provided only to ensure that you are on the right
track – it does not provide “model answers”. You are still required to consult sources of your choice to answer
the questions and achieve the learning outcomes.

Question 1

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Critically evaluate the effectiveness of the various structures for collective bargaining as provided for in the
Labour Relations Act 66 of 1995 (LRA).

Question 2

The entire system of collective labour relations in South Africa is based on collective bargaining. The
Constitution of 1996 not only protects the relevant fundamental rights (freedom of association, the right to
organise, the right to bargain collectively and the right to strike), but the entire Labour Relations Act 66 of
1995 (LRA) can be seen as an extended programme of promoting and supporting collective bargaining
between employers and trade unions.

When we consider collective bargaining in South Africa, it is also clear that highly centralised bargaining by
numerically powerful trade unions and influential employers’ organisations is still a primary feature.
Compare centralised and decentralised collective bargaining by outlining the advantages and disadvantages
of each.

FEEDBACK

Question 1

In answering this question, you should identify the following structures for collective bargaining, ranging from
bargaining at national level to plant level and including both centralised and decentralised bargaining:
NEDLAC, bargaining councils, statutory councils, workplace forums (role in the collective bargaining process)
and organisation-level bargaining structures. You should indicate what the role and functions of each of these
structures are and evaluate how they contribute (or don't) to effective collective bargaining.

Question 2

Your answer should first demonstrate a clear understanding of what the concepts “centralised collective
bargaining” and “decentralised collective bargaining” entail. You should then critically compare these
approaches to collective bargaining by identifying the advantages and disadvantages of each. For instance,
in the case of centralised bargaining, the parties directly involved in bargaining are usually more professional,
but the bargaining process is often less flexible than in the case of decentralised bargaining. In decentralised
bargaining, benefits are adapted to the particular needs of individual organisations, but the focus may become
too narrow and limited, as broader economic objectives are not taken into account. You may find it easier to
make use of a table to compare centralised and decentralised bargaining in terms of the advantages and
disadvantages of each.

12 LIST OF REFERENCES AND ADDITIONAL READING

If you want to cite this Lesson in your assignments, you may cite it as follows:

In the text:
According to Deas (2019… OR ….(Deas 2019)

In the list of references:

Deas, A. 2019. Advanced Labour Relations Management, Lesson 07 (2019).
Pretoria: University of South Africa.

Bendix, S. 2015. Labour relations, a southern African perspective. 6th edition. Cape Town: Juta.
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Boniface, M & Rshmi, M. 2013. Interest-based bargaining: efficient, amicable and wise? Employee
Relations. 35(5):460-478. Available at:
http://0-
search.proquest.com.oasis.unisa.ac.za/abiglobal/docview/1425347247/1402E56EDE638C3EEC7/59?acco
untid=14648 (accessed on 15 September 2014).

Brand, J. 2014. Resolving labour tensions in African mining – the effective regulation of industrial
democracy [online]. Paper presented to the SAIIA roundtable. Available at:
http://www.marikanacomm.org.za/docs/20140331-SeminarPhase02-SAIIA-Roundtable.pdf (accessed on 2
September 2014).

Business Day (Editorial). 2014. A case for central bargaining [online]. BDlive, 14 June 2013. Available at:
http://www.bdlive.co.za/opinion/editorials/2013/06/14/editorial-a-case-for-central-bargaining (accessed on 2
September 2014).

Chamber of Mines of South Africa. 2013. Centralised collective bargaining in the South African gold industry.
Available at: http://www.goldwagenegotiations.co.za/assets/downloads/fact-sheets/2013/fact-sheet-
bargaining-26june2013.pdf (accessed on 15 September 2014).

Creamer, M. 2012. Is decentralised bargaining roiling the platinum industry? [online] Mining weekly, 31
August 2012. Available at: http://www.miningweekly.com/article/is-decentralised-bargaining-roiling-labour-
ravaged-platinum-industry-2012-08-31 (accessed on 2 September 2014).

Department of Labour (DoL). 2014. Registered bargaining councils – September 2014. Available at:
http://www.labour.gov.za/DOL/documents/useful-documents/labour-relations/bargaining-councils-june-2013
(accessed 15 September 2014).

Finnemore, M, Koekemoer, GM & Joubert, YT. 2018. Introduction to labour relations in South Africa. 12th
edition. Durban: LexisNexis.

Godfrey, S & Bamu, P. 2012. The state of centralised bargaining and possible future trends. Acta Juridica:
Reinventing labour law, reflecting on the first 15 years of the Labour Relations Act and future challenges,
219-243. Available at: http://0-reference.sabinet.co.za.oasis.unisa.ac.za/document/EJC125098 (accessed
on 15 September 2014).

Harvey, R. 2013. Decentralised bargaining needed in platinum [online]. Business Report, 10 July 2013.
Available at: http://www.iol.co.za/business/companies/decentralised-bargaining-needed-in-platinum-
1.1545025#.VAWpKvmSx8E (accessed 2 September 2014).

Janse van Vuuren, A. 2013. AMCU dashes SA platinum sector's centralised bargaining hopes [online].
Moneyweb, 11 April 2013. Available at: http://www.moneyweb.co.za/moneyweb-mining/amcu-dashes-sa-
platinum-sectors-centralised-bargai?sn=2009%20Detail (accessed on 2 September 2014).

Janse van Vuuren, A. 2012. Talks on platinum bargaining forum start [online]. Miningmx, 5 October 2012.
Available at: http://www.miningmx.com/page/news/platinum_group_metals/1417674-Talks-on-platinum-
bargaining-forum-start#.VAWkLPmSx8E (accessed on 2 September 2014).

Jones, G. 2012. Mixed reactions about central bargaining [online]. Financial Mail, 18 December 2012.
Available at: http://www.financialmail.co.za/economy/2012/12/18/mixed-reactions-about-central-bargaining
(accessed on 2 September 2014).

Magruder, JR. 2012. High unemployment yet few small firms: the role of centralized bargaining in South
Africa. American Economic Journal, Applied Economics. 4(3):138-166. Available at: http://0-
search.proquest.com.oasis.unisa.ac.za/abiglobal/docview/1027548295/1402E56EDE638C3EEC7/52?acco
untid=14648 (accessed on 15 September 2014).

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Maree, J. 2011. Trends in the South African collective bargaining system in perspective. South African
Journal of Labour Relations, 35(1):7-37. Available at:
http://0-reference.sabinet.co.za.oasis.unisa.ac.za/document/EJC59652 (accessed on 29 August 2013).

Moolman, S. 2013. Bargain or bust? [online] Mining Weekly, June 28 – July 4 2013. Available at:
http://govci.com/wp-content/uploads/2014/06/Mining-Weekly-cover-story-Bargain-or-Bust-.pdf (accessed 2
September 2014).

Nel, PS, Kirsten, M, Swanepoel, BJ, Erasmus, BJ & Jordaan, B. 2016. South African employment relations,
theory and practice. 8th edition. Pretoria: Van Schaik.

Ramutloa, L. 2012. Government and the Platinum Mining Sector launch new process for centralised
bargaining arrangement [online]. Department of Labour. Available at:
http://www.labour.gov.za/DOL/media-desk/media-statements/2012/government-and-the-platinum-mining-
sector-launch-new-process-for-centralised-bargaining-arrangement (accessed on 2 September 2014).

Republic of South Africa. 1995. Labour Relations Act 66 of 1995. Government Gazette, 366(16861). Pretoria:
Government Printer.

Republic of South Africa. 2014. Labour Relations Amendment Act 6 of 2014. Government Gazette,
590(37921). Pretoria: Government Printer.

Rubiano, C. 2013. Precarious work and access to collective bargaining. What are the legal obstacles?
International Journal of Labour Research. 5(1):133-151. Available at:
http://0-
search.proquest.com.oasis.unisa.ac.za/abiglobal/docview/1428314892/fulltextPDF/1402E56EDE638C3EE
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