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What Does The Labour Relations Act Provides For Regarding Agreements

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What Does The Labour Relations Act Provides For Regarding Agreements

Paragraph 23(1)(d) is a tiny provision with serious implications. Prior to the introduction of the LRA, there were legal gaps and uncertainties regarding the binding effect of collective agreements (Du Toit (ed.) et al 311-312). Only collective agreements concluded in labour councils had binding effect and were in fact considered subordinate legislation (Vauthier “Collective agreements: A comparative study between Belgium and South Africa” (1998) Unpublished Master of Laws Thesis (University of South Africa) 82). However, labour courts have always expressed that the will of the majority, if it is in the interest of both the majority union and the majority of the workers concerned, should take precedence over that of an individual (Ramolesane & another v Andres Mentis another (1991) 12 ILJ 329 (LAC) by 335H, See also Du Toit “A sick contractual wind, who blows up the collective good? Collective representation in collective bargaining not required by law and limits of trade union authority (1994) 15 ILJ 39). The courts have therefore supported the position that collective agreements negotiated by majority unions and in the interests of majority workers bind the parties to them and bind the minority, regardless of the forum in which they were negotiated (ibid.). (a) determine what rights, privileges and obligations have been acquired or will be maintained, and for that purpose, the Council may inquire into or order that a representative vote be conducted as it considers necessary or desirable, 101 Except as provided in this Part, the decision or award of a board of arbitration under this Code shall be final and conclusive and shall not be challenged in court for any reason whatsoever either. and proceedings by or before a board of arbitration shall not be limited by in injunction, prohibition or other proceedings or proceedings before a court and shall not be dismissed by Certiorari or otherwise in any court. 158.1 (1) A person who knowingly provides false or misleading information about a significant fact in a statement signed under section 149 or 150 is committed to a criminal offence . . .