LLW2602 - COLLECTIVE LABOUR LAW EXAM 2026-2027 Most
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THE ACQUISITION OF ORGANISATIONAL RIGHTS
- Collective agreement
- Membership of a bargaining council
- Strike action
- Section 21 procedure
COLLECTIVE AGREEMENT
A registered trade union and an employer/employers' organisation can conclude
a collective agreement that regulates organisational rights.
MEMBERSHIP OF A BARGAINING COUNCIL
Any registered trade union that is a party to a bargaining council automatically
acquires the right to access the workplace (s 12) and the deduction of trade
union subscriptions (s 13) in respect of all workplaces that fall within the
jurisdiction of the bargaining council.
STRIKE ACTION
A minority trade union, may strike in support of a demand for organisational
rights.
,SECTION 21 PROCEDURE
A registered trade union that is sufficiently representative may acquire
organisational rights through the procedure outlined in section 21.
DISPUTES OF ORGANISATIONAL RIGHTS
If there is a dispute about the interpretation of organisational
rights, any party may refer the dispute in writing to the CCMA for
conciliation and, if conciliation fails, for
arbitration. In terms of the Amendment Act, an arbitration award
may be made binding on employers, clients of a TES and any
person other than the employer who controls access to the
workplace if the person has been given an opportunity to
participate in such arbitration proceedings.
, REGISTRATION OF UNIONS
The LRA encourages registration and therefore grants benefits such as trade
union security arrangements; organisational rights; etc., to trade unions that
register.
SECTION 21 PROCEDURE STEPS
Step 1: Trade union to notify the employer This process entails that the
registered trade union must notify the employer in writing that it seeks to
exercise organisational rights and the notice must contain the following
information: • the workplace in which the union seeks to exercise the rights, •
the representation of the trade union in that
workplace, • the rights that the trade union wants to exercise, and • the manner
in which the trade union wants to exercise those rights. The notice must also
be accompanied by a certified copy of the trade union's registration
certificate.
Step 2: Conclusion of a collective agreement The employer must meet with the
union within 30 days of receipt of the notice and must endeavour to reach a
collective
agreement to regulate the matter.
Step 3: If no collective agreement is reached If the parties fail to conclude a
collective agreement either of the parties can refer the dispute in writing to
the CCMA for
conciliation, and if conciliation fails, either party may request that the dispute
be arbitrated.
Step 4: Duties of the commissioner The commissioner has a discretion to
determine what sufficient representivity means. It will depend on the specific
circumstances.
Recent Exam Actual Complete Questions And Correct Answers
(Verified Answers) Already Graded A+ | Guaranteed Success!!
Newest Exam | Just Released!!
THE ACQUISITION OF ORGANISATIONAL RIGHTS
- Collective agreement
- Membership of a bargaining council
- Strike action
- Section 21 procedure
COLLECTIVE AGREEMENT
A registered trade union and an employer/employers' organisation can conclude
a collective agreement that regulates organisational rights.
MEMBERSHIP OF A BARGAINING COUNCIL
Any registered trade union that is a party to a bargaining council automatically
acquires the right to access the workplace (s 12) and the deduction of trade
union subscriptions (s 13) in respect of all workplaces that fall within the
jurisdiction of the bargaining council.
STRIKE ACTION
A minority trade union, may strike in support of a demand for organisational
rights.
,SECTION 21 PROCEDURE
A registered trade union that is sufficiently representative may acquire
organisational rights through the procedure outlined in section 21.
DISPUTES OF ORGANISATIONAL RIGHTS
If there is a dispute about the interpretation of organisational
rights, any party may refer the dispute in writing to the CCMA for
conciliation and, if conciliation fails, for
arbitration. In terms of the Amendment Act, an arbitration award
may be made binding on employers, clients of a TES and any
person other than the employer who controls access to the
workplace if the person has been given an opportunity to
participate in such arbitration proceedings.
, REGISTRATION OF UNIONS
The LRA encourages registration and therefore grants benefits such as trade
union security arrangements; organisational rights; etc., to trade unions that
register.
SECTION 21 PROCEDURE STEPS
Step 1: Trade union to notify the employer This process entails that the
registered trade union must notify the employer in writing that it seeks to
exercise organisational rights and the notice must contain the following
information: • the workplace in which the union seeks to exercise the rights, •
the representation of the trade union in that
workplace, • the rights that the trade union wants to exercise, and • the manner
in which the trade union wants to exercise those rights. The notice must also
be accompanied by a certified copy of the trade union's registration
certificate.
Step 2: Conclusion of a collective agreement The employer must meet with the
union within 30 days of receipt of the notice and must endeavour to reach a
collective
agreement to regulate the matter.
Step 3: If no collective agreement is reached If the parties fail to conclude a
collective agreement either of the parties can refer the dispute in writing to
the CCMA for
conciliation, and if conciliation fails, either party may request that the dispute
be arbitrated.
Step 4: Duties of the commissioner The commissioner has a discretion to
determine what sufficient representivity means. It will depend on the specific
circumstances.
