LCOL4810

COLLECTIVE LABOUR LAW

FOR FINAL YEAR STUDENTS
UNIT 2 PART 3

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 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

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3
 DEFINITION OF A COLLECTIVE AGREEMENT

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 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;

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 LEGAL EFFECT OF COLLECTIVE AGREEMENT

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VARIATION AND RECTIFICATION
 VARIATION

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 RECTIFICATION

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 TERMINATION OF COLLECTIVE AGREEMENTS

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AGENCY AND CLOSED SHOP AGREEMENT
 AGENCY SHOP AGREEMENT

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 AGENCY SHOP AGREEMENT

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 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.

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 CLOSED SHOP AGREEMENTS

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 CLOSED SHOP AGREEMENT

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THE END
THANK YOU!!