LABOUR ACT [Chapter 28:01] (as amended) by a constituent branch or other party thereto shall be deemed not to have been ratified unless every portion of the collective bargaining agreement has been ratified. (2) Notwithstanding subsection (1), where the national interest so demands, the Minister may direct that any portion of a collective bargaining agreement which has not been ratified shall be put into effect prior to the ratification of the other portions of the collective bargaining agreement: Provided that where a collective bargaining agreement itself stipulates that it shall not be valid unless ratified in toto, the Minister shall not exercise his powers in terms of this subsection except in relation to provisions dealing with wages and benefits which have been ratified. 79 Submission of collective bargaining agreements for approval or registration (1) After negotiation, a collective bargaining agreement shall be submitted to the Registrar for registration. (2) Where any provision of a collective bargaining agreement appears to the Minister to be— (a) inconsistent with this Act or any other enactment; or (b) inequitable to consumers or to members of the public generally, or to any party to the collective bargaining agreement; or (c) 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. (3) Where a collective bargaining agreement is not registered or approved in terms of subsection (2) until it has been amended, it shall be the duty of the parties concerned to negotiate for such amendment in absolute good faith and to duly participate in proceedings necessary therefor, and failure to do so shall constitute an unfair labour practice. 80 Publication of collective bargaining agreements (1) Upon registration of a collective bargaining agreement the Minister shall publish the agreement as a statutory instrument. (2) The terms and conditions of a registered collective bargaining agreement shall become effective and binding— (a) from the date of publication of the agreement in terms of subsection (1); or (b) from such other date as may be specified in the agreement. 81 Amendment of registered collective bargaining agreements by Minister (1) Where a collective bargaining agreement which has been registered contains any provision which is or has become— (a) inconsistent with this Act or any other enactment; or (b) inequitable to consumers or to members of the public generally or to any party to the collective bargaining agreement; or Re-issue (c) 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 may specify for the amendment of the agreement in such manner or to such extent as he may specify. (2) Where the Minister has made a direction in terms of subsection (1), it shall be the duty of the parties to the collective bargaining agreement concerned to negotiate in absolute good faith for the amendment of the agreement and to report back to the Minister within the period specified in the direction as to the extent to which they have been able or unable to agree in amending the agreement. (3) Upon receipt of the report of the parties in terms of subsection (2), the Minister shall consider the same and may thereafter amend the collective bargaining agreement in accordance with the report of the parties or in such other manner as is consistent with the considerations specified in paragraphs (a), (b) and (c) of subsection (1). (4) Where the Minister amends a collective bargaining agreement in terms of subsection (3), he shall direct the Registrar to register such amendment and section eighty shall apply, mutatis mutandis, in relation thereto. 82 Binding nature of registered collective bargaining agreements (1) Where a collective bargaining agreement has been registered it shall— (a) with effect from the date of its publication in terms of section eighty-five, or such other date as may be specified in the agreement, be binding on the parties to the agreement, including all the members of such parties, and all employers, contractors and their respective employees in the undertaking or industry to which the agreement relates; (b) remain binding despite— (i) a change of employer; or (ii) a change of ownership of the undertaking or industry concerned; or (iii) a change in the membership or structure of the trade union or employers organization; (c) remain binding until— (i) it is replaced by a substitute agreement, notwithstanding any provision therein contained that it shall expire by lapse of time; (ii) it is terminated by the mutual agreement of the parties thereto. (2) This section shall apply, mutatis mutandis, in respect of any part of a collective bargaining agreement. (3) Any person who fails to comply with a collective bargaining agreement which is binding upon him shall, without derogation from any other remedies that may be available against him for its enforcement— (a) commit an unfair labour practice for which redress may be sought in terms of Part XII; and - 32 - 1st May 2003-