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LLW2602 Assignment 2 Semester 2 2024 (898414) - Due 5 September 2025

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LLW2602
Assignment 2
Unique No:898414
Due 05 September 2025

, Collective Labour Law

Question

Bakery Workers Association (BWA), a registered trade union, seeks to secure
organisational rights at Biscuit Bakery (BB). Outline the different methods it may use in
terms of the Labour Relations Act 66 of 1995 (LRA).

Answer

In terms of the Labour Relations Act 66 of 1995 (LRA), a registered trade union such
as the Bakery Workers Association (BWA) has several legal mechanisms available to
obtain organisational rights within an employer’s undertaking. These rights are primarily
dealt with in Sections 12–16 of the LRA, supported by provisions dealing with disputes
and industrial action.

1. Collective Agreement

 BWA may approach BB to negotiate directly and conclude a collective
agreement granting organisational rights.
 This is often the most practical method as it is based on mutual consent and
avoids unnecessary disputes.
 A collective agreement may cover access to the workplace, deduction of union
fees, shop steward recognition, and disclosure of information.

2. Statutory Rights under the LRA (Sections 12–16)

Where the union is “sufficiently representative”, it may rely directly on statutory
provisions to demand certain rights:

 Section 12: Right of access to the workplace for union officials to meet members
or conduct recruitment.

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