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Labour Relations Act, 1995 (Act No. 66 of 1995)

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 8 : Collective Bargaining

57. Levels of bargaining

 

 

1) The Council is the exclusive forum for the negotiation and conclusion of agreements on substantive issues between employers and employers' organisations, on the one hand, and trade unions on the other hand.

 

2) Despite sub-clause (1), employee representatives or representative trade unions may negotiate with an employer at company level on non-substantive conditions of employment, operational procedures, bonuses or incentive schemes that are directly related to profit or productivity, or both. A matter contemplated in this sub-clause may not be negotiated in the Council.

 

3) In the event of a deadlock in negotiations on an issue contemplated by sub-clause (2), the provisions of the Council's Exemption and Dispute Resolution Agreement may be invoked.

 

4) No trade union or employers' organisation may call a strike or lock-out or in any other way seek to induce or compel negotiations on the issues referred to in sub-clause (1) at any level other than the Council.

 

5) Any collective procedural agreement between an employer who is a member of the employers' organisation and a party trade union which contains provisions that are inconsistent with this Agreement-
a) must be regarded by the parties to the agreement as having been amended to create consistency with this clause; and
b) is not binding to the extent that its provisions are inconsistent with this clause.