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COLLECTIVE BARGAINING & COLLECTIVE AGREEMENT - Coggle Diagram
COLLECTIVE BARGAINING & COLLECTIVE
AGREEMENT
CB – the process by which a union and an employer negotiate terms and conditions of employment of the employees.
CB is peaceful means workers can try to improve their wages, decrease their number of working hours and increase their benefits.
To allow workers to participate in decision-making in areas which are of vital interest with them.
To protect worker’s rights by including provisions to check any abuse of power by the employer and prevent him from acting unjustly.
CA - lay down the detail the terms and conditions of employment of all employees in the firm where the bargaining takes place.
(S14) The Industrial Relations Act stipulates that, in order for a CA to be valid, it MUST
Name the parties to the agreement.
Specify the duration of the agreement, which shall not be less
than THREE years.
Be signed by the parties to the agreement, i.e. representative of
the trade union and the employer.
Include a procedure for variation, interpretation and termination
of the agreement.
Be deposited with the Industrial Court, within one month of it
being signed.
DEPOSIT TO COLLECTIVE AGREEMENT
S16. (1) A signed copy of the collective agreement shall be jointly deposited by the parties with the Registrar within one month from the date on which the agreement has been entered into and the Registrar shall thereupon bring it to the notice of the Court for its cognizance.
CHARACTERISTICS OF EFFECTIVE
NEGOTIATORS
Are physically fit to withstand long sessions
Are knowledgeable of the employment laws and industrial
relations system
Are patient and don’t lose their cool when provoked
Have strong communication skills
CB PROCEDURE
CB is considered by the government to be the best way for private companies to decide on worker’s terms and conditions of service.
The procedure for CB is laid out in the IRA, Section13.
RECOGNITION PROCEDURE
Once a union has successfully organised the workers, it will try to obtain recognition from the employer.
To do this, it fills out a Claim of Recognition Form ( Form A in
the Schedule of the Industrial Relations Act) and presents it to the
employer.
A copy of the form also be forwarded to the Director-General of
Industrial Relations.
The form requires the union to state its name and address and
specify the workers for whom the union is requesting recognition.
A copy of the union’s constitution must also be included.