With respect to “collective dispute resolution proceedings,” the code also provides: Introduction There is a fundamental difference between consultation and trial, as explained by the labour tribunal in the case of Mbayi/Wade Adams (Pty) Ltd. [case I.C 30/94]: if a union can prove that its members represent the majority of workers in the workplace, the union is entitled to legal recognition. In other words, it is entitled to organizing rights under the LRA. “Ideally, union recognition should be a voluntary process. Management has the right to know the number of employees who are members of the union, who seek recognition, but not their identity… The purpose of a recognition agreement is to give the employer the ability to strictly control the activity of the union and business managers. Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. A useful explanation of the nature and extent of these collective agreements is contained in the National Code of Industrial Relations: 93. If an employer (or employer) enters into a collective agreement with a union or workers` organization, that agreement should be written and there should be provisions for future changes, interpretations and dismissals by either party under certain conditions. Section 33 (1) of the Trade Union and Employers` Organizations Act provides that each party to a collective agreement files a certified copy of the agreement with the Labour Commissioner within 28 days of the conclusion of the agreement. An extension or amendment to such an agreement should also be presented. The Commissioner is entitled to withhold the registration of such an agreement if he believes that the agreement is “contrary to a provision of that law or another written law” (see section 33, paragraph 3).
Any interested party who is irritated by such a reluctance to register can file an appeal with the Minister whose decision is final: see section 33, paragraph 4. Public sector collective bargaining The framework of collective bargaining in the public sector will inevitably be similar to collective bargaining in the private sector, where union recognition generally results in a collective agreement signed by both the employer and the union. To negotiate a collective agreement, the parties must negotiate collective agreements. This will be a new experience for both public sector staff associations and government. However, a potential problem for public sector workers` organizations is that the government may not be willing to conduct meaningful collective bargaining. What the government considers to be “collective bargaining” or “negotiation” may seem little different from the current consultation procedures for representatives of a public sector staff organization.