LLW2602 Assignment 2
Semester 2 Memo
(COMPLETE ANSWERS)
Due 5 September 2025
For assistance contact
Email:
, A trade union, like the Bakery Workers Association (BWA), can acquire organizational rights
at Biscuit Bakery (BB) through several methods as outlined in the Labour Relations Act
(LRA) of South Africa.
Acquisition by Collective Agreement
The most straightforward method for BWA to acquire organizational rights is through a
collective agreement with BB. This involves the union and the employer negotiating and
agreeing on the rights that will be granted to the union. The agreement must be in writing and
signed by the parties. This is the preferred method as it is a product of mutual consent and
negotiation.
Acquisition through the LRA
If a collective agreement cannot be reached, the LRA provides a number of statutory rights
that a trade union can acquire, provided it meets certain criteria. These rights are generally
granted based on the union's representativity, which is the number of its members relative to
the total number of employees in the workplace.
A union can use the following methods to acquire rights under the LRA:
• Acquisition by proving sufficient representation: A union can request certain rights,
such as the right to access the workplace, have stop-order facilities, and hold meetings
with members, by demonstrating to the employer that it has a significant number of
members. If the employer refuses, the union can refer the dispute to the CCMA
(Commission for Conciliation, Mediation and Arbitration) for conciliation and, if
necessary, arbitration. The CCMA will determine if the union is sufficiently
representative to be granted the rights.
• Acquisition by proving majority representation: A union that can prove it
represents the majority of employees in the workplace is entitled to more extensive
rights. These include the right to elect shop stewards, have union officials on a
workplace forum, and access information for collective bargaining purposes. A
majority union can refer a dispute about these rights to the CCMA for arbitration if
the employer does not grant them.
• Acquisition by strike action: A trade union can also use strike action as a last resort
to pressure the employer into granting organizational rights. This method is protected
under the LRA, provided the correct procedures for a protected strike are followed,
such as balloting members and giving notice.
Acquisition through Bargaining Council
Semester 2 Memo
(COMPLETE ANSWERS)
Due 5 September 2025
For assistance contact
Email:
, A trade union, like the Bakery Workers Association (BWA), can acquire organizational rights
at Biscuit Bakery (BB) through several methods as outlined in the Labour Relations Act
(LRA) of South Africa.
Acquisition by Collective Agreement
The most straightforward method for BWA to acquire organizational rights is through a
collective agreement with BB. This involves the union and the employer negotiating and
agreeing on the rights that will be granted to the union. The agreement must be in writing and
signed by the parties. This is the preferred method as it is a product of mutual consent and
negotiation.
Acquisition through the LRA
If a collective agreement cannot be reached, the LRA provides a number of statutory rights
that a trade union can acquire, provided it meets certain criteria. These rights are generally
granted based on the union's representativity, which is the number of its members relative to
the total number of employees in the workplace.
A union can use the following methods to acquire rights under the LRA:
• Acquisition by proving sufficient representation: A union can request certain rights,
such as the right to access the workplace, have stop-order facilities, and hold meetings
with members, by demonstrating to the employer that it has a significant number of
members. If the employer refuses, the union can refer the dispute to the CCMA
(Commission for Conciliation, Mediation and Arbitration) for conciliation and, if
necessary, arbitration. The CCMA will determine if the union is sufficiently
representative to be granted the rights.
• Acquisition by proving majority representation: A union that can prove it
represents the majority of employees in the workplace is entitled to more extensive
rights. These include the right to elect shop stewards, have union officials on a
workplace forum, and access information for collective bargaining purposes. A
majority union can refer a dispute about these rights to the CCMA for arbitration if
the employer does not grant them.
• Acquisition by strike action: A trade union can also use strike action as a last resort
to pressure the employer into granting organizational rights. This method is protected
under the LRA, provided the correct procedures for a protected strike are followed,
such as balloting members and giving notice.
Acquisition through Bargaining Council
