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COLLECTIVE BARGAINING

Consists part of the express terms of a contract of employment


S. 59 (3) of the Labour Relations Act (14/07) stipulates that the terms of the collective agreement shall be incorporated into the contract of employment of every employee covered by the agreement


Thus, CBAs are statutorily incorporated to individual contracts of employment for union employees; Non-union employees do not benefit from its terms


Not all terms of a CBA are incorporated into each individual contract of employment.  Only those deemed ‘appropriate.’  Where the clause deals with collective matters rather than individual matters, then that clause is not incorporated


Terms of a CBA may also be incorporated by conduct or custom, where in the absence of a specific agreement, collectively bargained terms and conditions are uniformly applied for the employees by an employer


The terms may also be incorporated by an express term in the contract of employment.  Thus, where a clause in the contract stipulates that a term of employment is to be regulated by an CBA, then the CBA is incorporated into the contract of employment


 
 
 

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