STUDY GUIDE 2025/2026 VERIFIED SOLUTIONS
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The Labour Relations Act (LRA) - Purpose and Fundamentals
1. Q: What is the primary purpose of the Labour Relations Act 66 of
1995?
A: The primary purpose of the LRA is to advance economic
development, social justice, labour peace, and the democratisation of the
workplace by fulfilling the fundamental rights in the Constitution.
2. Q: Which section of the Constitution guarantees the right to fair labour
practices?
A: Section 23(1) of the Constitution of the Republic of South Africa.
3. Q: What are the two main ways employees can exercise their right to
freedom of association?
A: By forming and joining a trade union, and participating in its
activities.
4. Q: What is the core function of the Commission for Conciliation,
Mediation and Arbitration (CCMA)?
A: To resolve disputes through conciliation, mediation, and arbitration in
a simple, quick, and cost-effective manner.
5. Q: Who is generally excluded from the definition of an "employee"
under the LRA?
A: Members of the National Defence Force, National Intelligence
Agency, and South African Secret Service.
Trade Unions and Employer Organisations
, 6. Q: What is a trade union?
A: An association of employees whose principal purpose is to regulate
relations between employees and employers.
7. Q: What is required for a trade union to obtain organisational rights?
A: It must be sufficiently representative of the employees in a
workplace.
8. Q: What is the threshold for a trade union to be considered "sufficiently
representative"?
A: The LRA does not specify a fixed percentage; it is a factual
determination based on the union's membership in a specific workplace.
9. Q: What is the purpose of an agency shop agreement?
A: To require non-union members to pay an agreed agency fee to the
majority union for the benefits it secures for all employees.
10.Q: Can an employer refuse a registered trade union access to its
workplace?
A: No, if the union is sufficiently representative, the employer must
grant it access to recruit members and hold meetings.
Collective Bargaining
11.Q: What is collective bargaining?
A: The process through which employers and trade unions negotiate
terms and conditions of employment, forming collective agreements.
12.Q: What is a collective agreement?
A: A written agreement concerning terms and conditions of employment
or the conduct of parties, between a registered trade union and an
employer/employer's organisation.
13.Q: What is the legal status of a collective agreement?
A: It is binding on the parties to the agreement and their members.
14.Q: What is the difference between centralised and decentralised
bargaining?