Valuline CC/Minister of Labour (2013) 34ILJ 1404 (KZP) if the Minister did not rely on objective evidence to test the level of representativeness of the employer parties in the proposed collective agreement, which should be renewed. LRA Bill: Extension of Collective Agreements to Non-Parties The LRA Bill seeks to amend s32 to create a process and criteria for the extension of collective agreements to non-parties by the Minister of Labour. We are looking at what is planned. Members of employer organizations that are parties to the bargaining council employ, after an extension of the collective agreement, the majority of workers entering the scope of the collective agreement; Nevertheless, the Minister has the authority to renew a collective agreement if the parties to the bargaining council are not a majority, but sufficiently representative. This power can be exercised if the Minister is concerned that a failure of the extension will jeopardize collective bargaining at the sectoral level. To establish sufficient representation, the Minister must consider a number of aspects such as. B: Section 32 of the Labour Relations Act 1995 (LRA) authorizes the extension of sectoral collective agreements to those who are not directly involved in collective bargaining and who do not participate in the agreement reached in the collective agreement. In paragraphs 32, paragraphs 1 and 2 of the LRA, the Minister of Labour “must” “renew” the contract if the following parties voted in favour of such an extension: although the case was dismissed on the grounds that the Foundation`s argument was “totally false” and “fundamentally false,” the judgment clarifies how an expanded collective agreement can be challenged by non-contracting parties. The Tribunal found that it was possible to review the bargaining board`s decisions for reasons or grounds of legality set out in the Administrative Court Promotion Act. The court also confirmed that non-members of a bargaining council can apply for a waiver of the extended agreement. Non-members may also challenge in court a Decision of the Council not to exempt it from the expanded agreement. Section 32, paragraph 5 of the LRA also allows the Minister to extend a collective agreement if bargaining councils have a long history of labour law and labour relations in South Africa.

They play an important role in collective bargaining, particularly in issues of mutual unification, such as wages.B.B which affect the vast majority of employees and employers. The extension of collective agreements has been put to the test under the Free Market Foundation/Minister of Labour – Other [2016] ZAGPPHC 266. In the case of funding agreements such as the meibc and the collective agreement that regulates wage costs, the Minister would be able to extend these collective agreements if an omission could have a negative impact on sectoral collective bargaining.