A collective agreement is a written agreement concerning terms and conditions of employment, or any other matter of mutual interest, concluded by one or more registered trade unions on the one hand and, on the other hand–
- one or more employers;
- one or more registered employers’ organisations; or
- one or more employers and one or more registered employers’ organisations.
The following are bound by the agreement–
- the parties to the agreement;
- the members of every other party to the agreement insofar as the provisions of the agreement are applicable;
- the members of a registered trade union that are party to the agreement; and
- the employers who are members of a registered employers’ organisation that are party to the agreement.
Employees who are not members of the registered trade union that are party to the agreement are bound by the agreement if:
- The employees are identified in the agreement;
- The agreement expressly binds the employees; and
- That trade union represents the majority of the employees employed by the employer in the workplace.
NB: The fact that a union is unregistered does not mean that the union cannot conclude an agreement with the employer. However, such agreement will not be a collective agreement as defined in the Labour Relations Act.
