The Legal Extension of Collective Bargaining: A Study of Section 8 of the Terms and Conditions of Employment Act 1959

1974 ◽  
Vol 3 (1) ◽  
pp. 215-233 ◽  
Author(s):  
Geoff Latta
Keyword(s):  
Collective Bargaining ◽  
Section 8 ◽  
Conditions Of Employment

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

scholarly journals Health Sector Collective Bargaining and the Employment Contracts Act: A Case Study of Nurses

1970 ◽  
Vol 19 (1) ◽  
Author(s):  
Sarah Oxenbridge
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Health Sector ◽  
Health Board ◽  
Employment Contracts ◽  
Employee Union ◽  
High Level ◽  
Area Health ◽  
Conditions Of Employment

This case study describes and analyses the negotiation of a collective employment contract between an area health board management and regional representatives of the New Zealand Nurses Association during the first set of negotiations conducted under the Employment Contracts Act 1991. The study found that, contrary to claims by the Act's proponents, the Act does not lead to improved co-operation and communication between employers and employees. However, a high level of communication and co-operation was evident in the employee-union relationship, and it was found that certain provisions of the Employment Contracts Act afford employees greater power to determine their conditions of employment.

Collective Bargaining as an Internal Sanction: the Rôle of U.S. Corporations in South Africa

1981 ◽  
Vol 19 (4) ◽  
pp. 647-665 ◽  
Author(s):  
Christopher Coker
Keyword(s):  
Economic Growth ◽  
South Africa ◽  
Collective Bargaining ◽  
Trade Union ◽  
Codes Of Conduct ◽  
Focus Of Attention ◽  
Black Workers ◽  
The Past ◽  
Conditions Of Employment

Foreign investment in South Africa during the past 20 years has been subject to criticism form several diverse schools of thought, ranging from those who believe it has contributed to country's economic growth without improving the condition of the black workers, to those who maintain that – at best – apartheid has been modernised rather than fundamentally changed.Today the focus of attention has shifted to collective bargaining and trade union rights, to the action that can be taken on their own behalf by the ecomomically underprivileged and the politically dispossessed, and to the assistance which foreign-owned companies have been given in improving the terms and conditions of employment of their own non-white employees by the codes of conduct that have quite recently been adopted by their own governments.

The Right to Collective Bargaining in Malaysia in the Context of ILO Standards

2006 ◽  
Vol 1 ◽  
pp. 1-20 ◽  
Author(s):  
Rabiu Sani Shatsari ◽  
Kamal Halili Hassan
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Member States ◽  
The Right ◽  
Legal Mechanism ◽  
Conditions Of Employment

Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.

Old game, new rules? The dynamics of enterprise bargaining under the Fair Work Act

2016 ◽  
Vol 59 (1) ◽  
pp. 44-64 ◽  
Author(s):  
Andreas Pekarek ◽  
Ingrid Landau ◽  
Peter Gahan ◽  
Anthony Forsyth ◽  
John Howe
Keyword(s):  
Collective Bargaining ◽  
Case Management ◽  
Field Study ◽  
Empirical Evidence ◽  
Good Faith ◽  
Quarter Century ◽  
Large Sample ◽  
Primary Mechanism ◽  
Considerable Debate ◽  
Conditions Of Employment

Over the last quarter century, enterprise bargaining has evolved to be a primary mechanism through which wages and conditions of employment are determined in Australia. Since the introduction of the Fair Work Act, the process for negotiating enterprise agreements has been governed by principles of good faith bargaining. There has been considerable debate over the potential for these provisions to change the dynamics of bargaining, yet empirical evidence of these effects remains limited. This article reports on a field study investigating the experiences of industrial parties negotiating enterprise agreements during the first three years of the Fair Work Act. Drawing on the tribunal's own case management database, along with a large sample of interviews, the study provides a more systematic examination of the extent to which the parties have deployed the new principles governing collective bargaining, with a particular focus on good faith provisions, and whether these principles have altered the dynamics of bargaining practices.

Workers' freedom of association in Botswana

1998 ◽  
Vol 42 (1) ◽  
pp. 64-79 ◽  
Author(s):  
B. Molatlhegi
Keyword(s):  
Collective Bargaining ◽  
Significant Role ◽  
Industrial Relations ◽  
State Intervention ◽  
Market Place ◽  
Freedom Of Association ◽  
Labour Law ◽  
Labour Relations ◽  
Conditions Of Employment

The year 1992 saw significant reforms to the Botswana labour law and industrial relations system. Before then, as was the case elsewhere in Africa, the Botswana government had adopted highly interventionist policies with respect to industrial relations. The changes introduced in 1992 were aimed at shifting labour relations to the market place. State intervention, though not completely eliminated, has been greatly reduced as a result. The changes in labour law and the industrial relations system have brought to the fore the debate about the nature, content and extent of workers' freedom of association in the country. The changes mean that more than ever before collective bargaining will play a significant role in the determination of wages, terms and conditions of employment.

scholarly journals Penyelesaian Perundingan Perjanjian Kerja Bersama (Pkb) Yang Tidak Menemui Kesepakatan (Studi Kasus di PJT I Malang)

2020 ◽  
Vol 6 (1) ◽  
pp. 147
Author(s):  
Zainal Arifin ◽  
Emi Puasa Handayani ◽  
Saivol Firdaus
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Civil Code ◽  
Legal Research ◽  
Research Questions ◽  
Theory Of Law ◽  
Employment Rights ◽  
A Company ◽  
Conditions Of Employment ◽  
Code Civil

The Collective working Agreement (PKB) is regulated in Article 1601 of the Civil Code (Civil Code), which is an agreement between two parties, an employee or laborer and a company, both bound together. Workers commit themselves to employers for a certain time. A bond to do work by receiving wages. Another understanding of collective working agreements is regulated in Law Number 13 of 2003 concerning labor. Working agreements are agreements between employers and employees, or laborers who have conditions of employment, rights and obligations of both parties. There are two research questions, fi rst what is the meaning of the settlement of collective bargaining agreements that do not meet the agreement and, how do we formulate a joint working agreement negotiation solution without finding a deal. The method used to answer research questions is a type of normative and empirical legal research. Theories used are certainty theory, hierarchical theory of law and distributive justice theory. The results achieved. First, the meaning of the deadlock negotiation agreement to formulate a co-operation agreement. Two, settlement of collective working agreement negotiations that did not meet the agreement, can be completed with three mechanisms. The fi rst is done through bipartite negotiations, through conciliation and mediation mechanisms.fi nally the dispute mechanism can be carried out in industrial relations courts.

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