The Role of Collective Agreements and Conflict Management

3 important questions on The Role of Collective Agreements and Conflict Management

Certification of Collective Agreement (CA)

A CA filed with the IAC is certified once the Court ascertains that it:
  • complies with the Industrial Relations Act and other labour laws such as the Employment Act;
  • meets the requirements for a legally binding document; and
  • sets out adequately the terms of the agreement between the parties.

The IAC may refuse to certify a CA if:
  • the above conditions are not met; or
  • the Court is of the view that it is not in the public interest that the CA be certified.

Important Considerations for Collective Agreements

The outcome of collective bargaining is a collective agreement (CA). During negotiations, the topics under consideration are discussed until eventually an agreement is reached. These are then drafted into written form and finally signed by both sides.

--> The collective agreement should not contain any terms and conditions which are less favorable than those provided by statutes. However, there is nothing stopping an employer from granting better benefits than stated in the Employment Act.


--> In addition, there SHOULD NOT be a clause which allows the employer to confer more favorable benefits for non-union members.

Definition of a Collective Agreement (CA)

Proceedings of the IAC - no lawyers

– In essence, the CA is the outcome of negotiation between the parties and reflects the expectations and concerns of each party. It gives certainty to the employer and employees on their respective rights and obligations.

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