Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Annexures

Annexure A : Good Faith Declaration

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ANEXURE A

 

GOOD FAITH DECLARATION

 

 

In the negotiations between:

 

 

 

[Name of union or unions]

 

 

 

and

 

 

 

[Name of employer, employers or employers' organisation]

 

 

 

on

 

 

[Short description of the matters for negotiation71

 

I , ...........................................................................[name], (capacity] of the [name of entity] declare that—

 

 

 

1I will engage in the negotiations with [name of entity on the other side] In good faith with the sincere intention of concluding a collective agreement if possible.

 

2I will adhere to the principles of good faith bargaining contained in the Code on Collective Bargaining and Industrial Action.

 

3I will treat the negotiators representing the [name of the other entity on the other side] with respect and conduct the negotiations in a rational, constructive and courteous manner.

 

4I will not deliberately delay negotiations by failing to respond quickly to communications, to agree dates and times for negotiation meetings, to attend negotiating meetings, and to attending meetings without a mandate.

 

5I will, accordingly, ensure to the best of my ability that Iand the other members of our negotiating team -
5.1will attend agreed negotiating and conciliation meetings and. if for good reason we are unable to do so, Iwill ensure that reasonable notice of our non-attendance is given to avoid wasteful expenditure and inconvenience.;
5.2are properly mandated when we attend negotiation and conciliations meetings.

 

6I will faithfully communicate any proposals or counterproposals arising from negotiations to our [members/mandating structures/board/executive committee]

 

7I will not conduct myself in any way that may constitute conduct that undermines the negotiations.

 

 

 

Signed on [date] at [place]

 

 

 

[Name and contact details]

 

 

 

__________________________

7 Such as 'Wage Agreement for 2016/17' or 'Employer's restructuring proposal date .......