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What The Labour Relations Act Provides For Regarding Agreements | Malort Salzburg

What The Labour Relations Act Provides For Regarding Agreements

With respect to the definition given in Section 213, the test for determining whether two or more workplaces of the same employer constitute separate jobs requires consideration of their size, function or organization. The meaning given to a word in relation to this section applies throughout the act, unless the context in which it is used indicates something else (AMCU/House of Mines acting in its own name – Harmony Gold Mining obo by 49-51). The finding that the statutory definition applies to the concept of “workplace” means that the extension of collective agreements within the meaning of section 23, paragraph 1, point d) encompasses all staff, regardless of geographic location. As the Constitutional Court found, the “workstation” in Section 23, paragraph 1, point d) corresponds to the workstation provided for in Section 213. The Labour Tribunal indicated that if minority workers represented in the workplace by the AMCU were successful and entered into a new collective agreement and reimbursed the existing collective agreement, minorities would be overwhelmingly governing in the workplace, which would be an undesirable outcome (Chamber of Mines/AMCU – others (J 99/14) [2014] ZALCHBJ 13 Par 44). Section 23 (1)d) also aims to prevent the proliferation of minority unions in a workplace that corresponds to the majority preference of the law. Although the law provides for the recognition and approval of minority unions, it is a reading of provisions such as Section 21, paragraph 8, point a), which encourages commissioners facing the representativeness of a union to seek a solution that minimizes the spread of unions in a single workplace. It also helps to minimize the financial and administrative burdens that must be made available to many unions in the workplace (SA Commercial Catering – Allied Workers Union/The Hub (1999) 20 ILJ 479 (CCMA) 481). The Fishing Industry Collective Agreements Act governs collective bargaining between fishermen or fish processors in the province and fishing associations. The law provides for the certification of fishing associations, the withdrawal of certification, complaints about unfair labour practices and the transfer of commercial applications. The working committee has authority over these provisions of the law. Section 23 (1) (d) is one of the many sections of the LRA that govern the legislative decision of the majority. This decision is based on Parliament`s assumption that it would best serve the LRA`s priority objectives in labour peace and orderly collective bargaining (Aunde South Africa (Pty) Ltd/NUMSA [2011] 10 BLLR 945 (LAC) Par.

32; see Cohen “Limiting the organizational rights of minority unions: POPCRU/Ledwaba 2013 11 BLLR 1137 (LC)” (2014) 17.5 PER 2211. See also Roof (ed) and al Labour Relations Law (6th ed) (LexisNexis 2015) 283-284). Although the court did not consider these factors in succession, the judgment shows that they were taken into account. The restriction imposed by the provision does not categorically waive the law and prorogation does not prevent the minority from joining or participating in the collective bargaining process (Cheadle “Collective bargaining and the LRA” 2005 (9) 2 Law, Democracy – Development 153).

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