The Bargaining Council Does Not Deal with Collective Agreements: An Explanation
Collective agreements are an important aspect of managing work relationships in organizations. They provide a legal framework for employers and employees to negotiate and agree on matters that affect the workplace, such as salaries, benefits, and working conditions. However, it is important to understand that the bargaining council does not deal with collective agreements.
What is the Bargaining Council?
The bargaining council is a forum where employers and trade unions come together to negotiate and agree on terms and conditions of employment in a particular industry or sector. It is established in terms of the Labour Relations Act, which aims to promote collective bargaining and good faith bargaining between parties.
The bargaining council has various functions, such as resolving disputes, monitoring compliance with collective agreements, and administering levies and funds. It is important to note that the bargaining council does not have the power to deal with individual employment contracts or disputes that are not related to collective agreements.
What are Collective Agreements?
Collective agreements are agreements that are negotiated and concluded between employers or employers’ organizations and trade unions or employee representatives. They set out the terms and conditions of employment for the employees who are covered by them.
Collective agreements may cover a wide range of matters, such as minimum wages, working hours, leave entitlements, and pension benefits. They are legally binding on the parties who have concluded them and are enforceable in terms of the Labour Relations Act.
Why Doesn’t the Bargaining Council Deal with Collective Agreements?
The bargaining council does not deal with collective agreements because they are negotiated and concluded by the parties themselves. The bargaining council is not a party to the collective agreement and does not have the power to alter or amend the terms of the agreement.
However, the bargaining council does have a role in monitoring compliance with the collective agreement. This means that it can investigate complaints of non-compliance and take steps to enforce the agreement. The bargaining council can also provide assistance to parties who are experiencing difficulties in implementing the agreement.
Conclusion
Collective agreements are an important aspect of managing work relationships in organizations. They provide a legal framework for employers and employees to negotiate and agree on matters that affect the workplace. While the bargaining council does not deal with collective agreements, it does have a role in monitoring compliance with them. As such, it is important for employers and employees to understand the respective roles of the bargaining council and the parties who negotiate and conclude collective agreements.