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The Bargaining Council: The Functions Of The Bargaining Council

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Collective Bargaining. Collective bargaining structures. • Bargaining councils. Bargaining councils are the statutory successors to the industrial councils that existed under the 1956 LRA, restyled and revamped to cater for new potential membership and function. The primary function of bargaining councils, like their predecessors, is to regulate relations between management and labour in the sectors of employment over which they have jurisdiction by concluding collective agreements, and to settle disputes between parties falling within their registered scope. Bargaining councils conclude the collective agreement. A bargaining council thus has a peace-keeping function. Parties to the council may, of course negotiate all matters mutual interest .They are accordingly not confined to negotiate wage increases and other conditions of employment, but can negotiate a number of other issues, such as dispute resolution procedures and the threshold of representativeness in respect of certain organisational rights. Should parties conclude a collective agreement in …show more content…

Collective Agreements are concluded to give effect to these matters. Such agreements may also be extended to non-parties and the provision for the extension of agreement concluded in a bargaining council are mutatis mutandis applicable. Collective bargaining is not expressed in the act as a function of the statutory councils. However, provision is made in section 43 for the constitution of a statutory council to be adapted so that it includes any of the functions of a bargaining council, including the conclusion of collective agreements in general. The provisions relating to collective agreements are then applicable to such

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