approved by the trade union and by more than 50 per cent of the employees (section 25(1)). If a collective agreement contains a provision that is, or that has become, inconsistent with legislation in force or is unreasonable or unfair, the Minister may direct the parties to negotiate an amendment, and report back. The Minister may then amend the agreement in accordance with the report, or in such other manner that is consistent with the considerations of legislative consistency, reasonableness and fairness (section 25(2)–(4)). 184. Pursuant to section 77, the parties to collective bargaining may be represented by committees, delegates or agents and are assisted by an employment council consisting of an equal number of members representing registered trade unions and employers (section 62(1)(a)). 185. Section 74 determines the scope of collective agreements, which can regulate any conditions of employment of mutual interest to the parties, but should not be inconsistent with the Labour Act. 113 In addition to collective agreements, the Minister, after consultation with any appropriate advisory council, 114 may make regulations providing for the development, improvement, protection, regulation and control of employment and conditions of employment (section 17). Such regulations may provide for the following: minimum wages, benefits, remuneration, social security, retirement, pension, the deductions which may be made from the wages of employees, the hours of work, overtime, work shifts, rest and meal breaks, the provision of food and other services at work, sick leave, maternity leave, holidays and other conditions of employment. 186. Collective agreements should be negotiated in good faith and failure to do so constitutes an unfair labour practice (section 75). Furthermore, an employer who refuses to negotiate in good faith with a workers’ committee or a trade union which has been duly formed and authorized to bargain collectively commits an unfair labour practice (section 8(c)). 187. After negotiation, a collective agreement concluded by trade unions and employers’ organizations shall be submitted to the Registrar for registration (section 79(1)). “Where any provision of a collective bargaining agreement appears to the Minister to be inconsistent with this Act or any other enactment; or unreasonable or unfair, having regard to the respective rights of the parties; he may direct the Registrar not to register such collective bargaining agreement until it has been suitably amended by the parties thereto” (section 79(2)). 188. The terms and conditions of a registered collective bargaining agreement become effective and binding either from the date of its publication as a statutory instrument or from such other date as may be specified in the agreement (sections 80 and 82(1)). Where a collective bargaining agreement which has been registered contains any provision which is or has become inconsistent with the legislation in force or “unreasonable or unfair, having regard to the respective rights of the parties”, “the Minister may direct the parties to the agreement to negotiate within such period as he/she may specify for the amendment of the agreement in such manner or to such extent as he/she may specify” (section 81(1)(c)). It is a duty of the parties to the collective bargaining agreement to negotiate in absolute good faith for the amendment of the agreement and to report back to the Minister within the specified period of time as to the extent to which they have been able or unable to agree. Upon receipt of the report of the parties the Minister may amend the collective bargaining agreement in accordance with the report or in such other manner as is consistent with the considerations above. Any person who is aggrieved by any action taken by the Minister under the terms of this section may appeal to the Labour Court (section 81(5)). 113 See also section 12A(3) and (4) of the Labour Act: intervals at which the payment of wages is made, days and the manner of payment can also be subject to collective bargaining. 114 See section 19 of the Labour Act. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 57