Schedule 7: Transitional Arrangements
Part C: Provisions concerning existing Trade Unions, Employers' Organisations, Industrial Councils and Conciliation Boards
13. Existing agreements including recognition agreements

 

  1. For the purposes of this section, an agreement-

    1. includes a recognition agreement;

    2. excludes an agreement promulgated in terms of section 48 of the Labour Relations Act;

    3. means an agreement about terms and conditions of employment or any other matter of mutual interest entered into between one or more registered trade unions, on the one hand, and on the other hand-

      1. one or more employers;

      2. one or more registered employers' organizations; or

      3. one or more employers and one or more registered employers organisations.

  2. Any agreement that was in force immediately before the commencement of this Act is deemed to be a collective agreement concluded in terms of this Act.

  1. Any registered trade union that is party to an agreement referred to in sub-items (1) and (2) in terms of which that trade union was recognised for the purposes of collective bargaining is entitled to the organizational rights conferred by sections 11 to 16 of Chapter III and in respect of employees that it represents in terms of the agreement, for so long as the trade union remains recognised in terms of the agreement as the collective bargaining agent of those employees.

  1. If the parties to an agreement referred to in subsection (1) or (2) have not provided for a procedure to resolve any dispute about the interpretation or application of the agreement as contemplated in section 24(1), the parties to the agreement must attempt to agree a procedure as soon as practicable after the commencement of this Act.

  1. An existing non-statutory agency shop or closed shop agreement is not binding unless the agreement complies with the provisions this item. Sections 25 and 26 of this Act become effective 180 days after the commencement of this item.