LABOUR ACT [Chapter 28:01] (as amended) unions, employers and employers organizations or federations thereof: Provided that nothing in this Part contained shall prevent an unregistered trade union or employers organization from negotiating a collective bargaining agreement. (2) Subject to this Act and the competence and authority of the parties, trade unions and employers or employers organizations may negotiate collective bargaining agreements as to any conditions of employment which are of mutual interest to the parties thereto. (3) Without derogation from the generality of subsection (2), a collective bargaining agreement may make provision for— (a) rates of remuneration and minimum wages for different grades and types of occupations; (b) benefits for employees; (c) deductions which an employer may make from employees’ wages, including deductions for membership fees and union dues, and deductions which an employer may be required or permitted by law or by order of any competent court to make; (d) methods of calculating, or factors for adjusting rates of pay, and the dates, times and modes of payment; (e) all issues pertaining to overtime, piece-work, periods of vacation and vacation pay and constraints thereon; (f) the demarcation of the appropriate categories and classes of employment and their respective functions; (g) the conditions of employment for apprentices; (h) the number of hours of work and the times of work with respect to all or some of the employees; (i) the requirements of occupational safety; (j) the maintenance of, and access by the parties to, records of employment and pay; (k) procedures for dealing with disputes within an undertaking or industry. (4) Nothing contained in any collective bargaining agreement shall prevent either or both of the parties from seeking to renegotiate or amend the agreement after twelve months of its operation in order to take account of changed circumstances in the industry or undertaking concerned. (5) A collective bargaining agreement shall not contain any provision which is inconsistent with this Act or any other enactment, and any collective bargaining agreement which contains any such provision shall, to the extent of such inconsistency, be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with this Act or such other enactment. (6) The existence of a collective bargaining agreement shall not preclude an employer and his employees from agreeing to the introduction of higher rates of pay or other more favourable conditions of employment before the expiry of such collective bargaining agreement, so however that the rights and interests of the employees are not thereby diminished or adversely affected: Re-issue Provided that the collective bargaining agreement shall be endorsed to reflect such higher rates of pay or other more favourable conditions of employment. 75 Obligation to negotiate in good faith (1) All parties to the negotiation of a collective bargaining agreement shall— (a) disclose all information relevant to the negotiation, including information contained in records, papers, books and other documents; and (b) make no false or fraudulent misrepresentations in regard to matters relevant to the negotiation; and (c) earnestly and expeditiously endeavour to arrive at a successful conclusion in the negotiation; so as to ensure that the entire negotiation is conducted in absolute good faith. (2) It shall constitute an unfair labour practice to fail to negotiate in absolute good faith, or in any way to bring about a situation that undermines the basis of negotiating in absolute good faith. 76 Duty of full disclosure when financial incapacity alleged (1) When any party to the negotiation of a collective bargaining agreement alleges financial incapacity as a ground for his inability to agree to any terms or conditions, or to any alteration of any terms or conditions thereof, it shall be the duty of such party to make full disclosure of his financial position, duly supported by all relevant accounting papers and documents, to the other party. (2) Where there is any disagreement as to whether or not full disclosure has been made in terms of subsection (1), the matter shall be referred to the senior labour officer who may make such determination as he deems fit, and such determination shall, unless appealed against to the Labour Court, be final and binding upon the parties. (3) Any person who fails or refuses to comply with a determination that is binding upon him in terms of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 77 Representation of parties The parties to the negotiation of a collective bargaining agreement may be represented by committees, delegates or agents: Provided that— (i) the powers of such committees, delegates or agents shall be specified in writing and certified by the parties they represent; (ii) copies of such documents shall be served by each party on the other party or parties prior to the commencement of negotiations. 78 Ratification of collective bargaining agreements (1) Every collective bargaining agreement which has been negotiated by a party and which is required to be ratified by the members thereof or - 31 - 1st May 2003-