Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryKwaZulu NatalExtension to Non-Parties of the Main Collective AgreementPart 136. Two Tier Bargaining |
[Part 1 Clause 36 Heading substituted by section 12 of Notice No. 601, GG45328 dated 15 October 2021]
| (1) | The Bargaining Council shall be the forum for the negotiation and conclusion of all agreements on substantive issues between employers' organizations and their members, on the one hand, and employees or trade unions and their members on the other hand. |
| (2) | Non-substantive conditions of employment over and above existing ones in the prevailing Agreement, e.g. bonuses or incentive schemes that are directly related to profit or productivity, or both, may be negotiated by employee representatives or representative trade unions at establishment level and/or plant level. In the event of a deadlock in negotiations between the parties in this category of issues, the provisions of the Council's prevailing Agreement may be invoked. |
| (3) | No trade union, employee, employers' organisation or employer may call a strike, lock-out or attempt in any way to seek, to induce or to compel negotiations on the issues referred to in Sub-clause 35(1) at any level other than at the Bargaining Council level. |
| (4) | Any establishment or plant level agreement between an employer who is a member of a party employers' organization and a party trade union which contains provisions that are inconsistent with this Agreement— |
| (a) | must be regarded by the parties to the establishment or plant level agreement as having been amended to created consistency with this clause; and |
| (b) | any provisions of the establishment or plant level agreement will not be binding to the extent that those provisions are inconsistent with this clause. |
[Part 1 Clause 36 substituted by section 13 of Notice No. 601, GG45328 dated 15 October 2021]