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. - 21 - 1st May 2003-