LABOUR ACT [Chapter 28:01] (as amended)
(a)
act or purport to act for the employees in
negotiating any collective bargaining agreement; or
(b) direct or recommend collective job action to
the employees.
(3) Where an appropriate trade union exists for
any employees, a workers committee of those
employees may negotiate a collective bargaining
agreement with an employer—
(a) in the case where the trade union has no
collective bargaining agreement with the
employer concerned, only to the extent that
such negotiation is authorized in writing by
the trade union concerned; or
(b) in the case where there is a collective bargaining agreement, only to the extent permitted by such collective bargaining agreement;
or
(c) where the Minister certifies in writing that—
(i) the issue in question was omitted from
or included in the principal collective
bargaining agreement when it should
not have been so omitted or included;
and
(ii) the parties to the principal collective
bargaining agreement have failed or are
not in a position to reach an agreement
on such an issue.
25 Effect of collective bargaining
agreements negotiated by workers
committees
(1) Every collective bargaining agreement
which has been negotiated by a workers committee
shall be referred by the workers committee to the
employees and the trade union concerned, and, if
approved by the trade union and by more than fifty
per centum of the employees, shall become binding on the employer and the employees concerned:
Provided that where there is any conflict between the terms and conditions of any such collective bargaining agreement and collective
bargaining agreement negotiated by an appropriate
trade union, the latter shall prevail unless the
terms and conditions of the former collective
bargaining agreement are more favourable to the
employees concerned, in which case such lastmentioned terms and conditions shall prevail.
(2) Where a collective bargaining agreement
which has been negotiated by a workers committee
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
(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, an amendment to the agreement in such
manner or to such extent as he may specify, and he
may give such other directions relating to the
operation of the agreement pending its amendment
as he may deem fit, and such directions shall be
binding on the parties.
Re-issue
(3) Where the Minister has made a direction in
terms of subsection (2), it shall be the duty of the
parties to the collective bargaining agreement
concerned to negotiate an amendment to the
agreement in good faith, and to report back to the
Minister within the period specified in the direction the extent to which they have been able or
unable to agree in amending the agreement.
(4) The Minister may, after considering any
report submitted to him in terms of subsection (3),
amend the collective bargaining agreement concerned in accordance with the report of the parties
or in such other manner as he may deem necessary
in the national interest, having regard to the
considerations specified in paragraphs (a), (b) and
(c) of subsection (2), and the agreement, as
amended, shall, subject to this Act, be binding on
the employer and the employees concerned.
(5) A collective bargaining agreement negotiated in terms of this section shall not be affected
by—
(a) where the employer is a corporate body, a
change in membership of the management or
ownership of the employer; or
(b) a change in membership of the workers
committee or the employees concerned; or
(c) a transfer of the undertaking or industry in
which the employees concerned are employed.
25A Composition, procedure and functions
of works councils
(1) In every establishment in which a workers
committee representing employees other than
managerial employees has been elected, there shall
be a works council.
(2) A works council shall be composed of an
equal number of members representing the employer and the workers committee.
(3) The procedure of a works council shall be as
determined by the employer and the workers
committee at the establishment concerned.
(4) Without prejudice to the provisions of any
collective bargaining agreement that may be
applicable to the establishment concerned, the
functions of a works council shall be—
(a) to focus the best interests of the establishment and employees on the best possible use
of its human, capital, equipment and other
resources, so that maximum productivity and
optimum employment standards may be
maintained; and
(b) to foster, encourage and maintain good
relations between the employer and employees at all levels, and to understand and seek
solutions to their common problems; and
(c) to promote the general and common interest,
including the health, safety and welfare of
both the establishment and its workers; and
(d) in general, to promote and maintain the
effective participation of employees in the establishment, and to secure the mutual cooperation and trust of employees, the employer and any registered trade union representing employees in the establishment, in
the interests of industrial harmony.
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1st May 2003-
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