Chapter III: Collective Bargaining
Part B: Collective Agreements
23. Legal effect of collective agreement

 

  1. A collective agreement binds-

    1. the parties to the collective agreement;

    2. each party to the collective agreement and the members of every other party to the collective agreement, in so far as the provisions are applicable between them;

    3. the members of a registered trade union and the employers who are members of a registered employers' organisation that are party to the collective agreement if the collective agreement regulates:

      1. terms and conditions of employment; or

      2. the conduct of the employers in relation to their employees or the conduct of the employees in relation to their employers;

    4. employees who are not members of the registered trade union or trade unions party to the agreement if:

      1. the employees are identified in the agreement;

      2. the agreement expressly binds the employees; and

      3. that trade union or those trade unions have as their members the majority of employees employed by the employer in the workplace.

  2. A collective agreement binds for the whole period of the collective agreement every person bound in terms of subsection (1)(c) who was a member at the time it became binding, or who becomes a member after it became binding, whether or not that person continues to be a member of the registered trade union or registered employers' organisation for the duration of the collective agreement.

  1. Where applicable, a collective agreement varies any contract of employment between an employee and employer who are both bound by the collective agreement.

  1. Unless the collective agreement provides otherwise, any party to a collective agreement that is concluded for an indefinite period may terminate the agreement by giving reasonable notice to the other parties.