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South African Law Collective Agreement

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). 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). It simply means that there will be no strike if there is disagreement on the issues governed by collective agreements. This is called the employer-friendly peace clause (Rautenbach “The constitutionality of legal authorization to enter into collective agreements that require non-parties not to strike” 2017 (4) TSAR 863). In this particular case, Pienaar and Badenhorst provide no less restrictive means to achieve the objectives of orderly collective bargaining (Pienaar – Badenhorst “Minority unions are linked to protracted collective agreements” Employment Alert May 2015 available under www.cliffedekker 4> hofmeyr alert 2015/export/sites/cdh/en/news/publications/2015/employment/downloads/Employment-Alert-18-May-2015.pdf (accessed 2018-06-01). Rautenbach argues that the addition of an administrative authorization requirement by an executive or an governing body similar to the section 32 procedure would be a less intrusive possibility of restricting that right (Rautenbach 864-865). This author argues that administrative control, even if the scope is very limited, serves as a procedural guarantee, since the exercise of such discretion must be consistent with the rules of admistrative law and do not infringe the right to fair administrative measures (ibid.). The Tribunal had the opportunity to justify why the legislative policy of majority law could not be subject to judicial review, as it was now part of the legislation and clearly limited rights.

The court should have looked at this rather than merely mentioning that the political decision justified the limitation of the right to strike. One of their main objectives is to promote collective bargaining as a means of managing management-worker relations and resolving disputes between them. Workers are entitled to at least 12 current public holidays under the Public Holiday Act. However, by appointment, a public holiday can be exchanged for another day. An agreement is also required to get an employee to work on a public holiday. The double-wage wage (or normal salary plus paid leave) must be paid if the worker is working on a public holiday that falls on a normal work day. One of the council`s tasks is to enforce its collective agreements. To this end, a legal and compliance department has been established and currently consists of a legal and compliance officer and a compliance inspector.

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