LLW2602
OCTOBER EXAM
ANSWERS
2024
, QUESTION 1
Freedom of association means that people have the right to associate with others in order to defend
and protect their common interests. The right of workers to freedom of association is protected by
the Constitution, the LRA and the ILO. In the workplace, freedom of association means
the right of workers to form and join trade unions of their choice
to participate in the legal activities of such trade unions
to organize and bargain collectively with the employer and to strike.
determine its constitution and rules
hold election s for office-bearers
plan and organise administrative and lawful activities
join federations
REFERENCE TB 188
b)
i) A closed shop agreement is a type of agreement between a union and an employer where
all employees are required to become members of the union. In this case, if someone wants to
work at the company, they must join the union. If they refuse to join or later decide they do
not want to remain a member, they can legally lose their job as per the terms of the
agreement. The purpose of a closed shop is often to create a united workforce where
everyone supports the union’s goals and activities. This way, the union can act strongly on
behalf of all workers, as every employee is a part of it. It’s a way of saying, “We’re all in this
together.”
On the other hand, an agency shop agreement is a little different. In this type of agreement,
employees are not required to join the union. They can choose whether or not they want to
become union members. However, even if they decide not to join, they must still pay a fee to
the union. This fee, known as an “agency fee,” covers the union’s cost of representing all
employees in things like negotiations for better wages, work conditions, or benefits. The
reason for this fee is simple: even if a worker is not a union member, they still benefit from
the union’s work. The agency shop agreement respects an employee’s choice not to join the
union but still requires non-members to support the union’s efforts financially.
Extra information
Closed-shop agreements are regulated by section 26 as follows: Concluded by a majority union and
an employer or an employers’ organisation Concluded by way of a collective agreement The
employees to be covered by the agreement must have a ballot before a closed-shop agreement is
concluded Two-thirds of the employees (that will potentially be covered) who voted, must vote in
favour of the agreement Employees who were already employed when the closed-shop agreement
came into effect, and conscientious objectors may not be dismissed for Refusing to join the union
which is a party to a closed-shop agreement Employer must deduct agreed subscription fee from
OCTOBER EXAM
ANSWERS
2024
, QUESTION 1
Freedom of association means that people have the right to associate with others in order to defend
and protect their common interests. The right of workers to freedom of association is protected by
the Constitution, the LRA and the ILO. In the workplace, freedom of association means
the right of workers to form and join trade unions of their choice
to participate in the legal activities of such trade unions
to organize and bargain collectively with the employer and to strike.
determine its constitution and rules
hold election s for office-bearers
plan and organise administrative and lawful activities
join federations
REFERENCE TB 188
b)
i) A closed shop agreement is a type of agreement between a union and an employer where
all employees are required to become members of the union. In this case, if someone wants to
work at the company, they must join the union. If they refuse to join or later decide they do
not want to remain a member, they can legally lose their job as per the terms of the
agreement. The purpose of a closed shop is often to create a united workforce where
everyone supports the union’s goals and activities. This way, the union can act strongly on
behalf of all workers, as every employee is a part of it. It’s a way of saying, “We’re all in this
together.”
On the other hand, an agency shop agreement is a little different. In this type of agreement,
employees are not required to join the union. They can choose whether or not they want to
become union members. However, even if they decide not to join, they must still pay a fee to
the union. This fee, known as an “agency fee,” covers the union’s cost of representing all
employees in things like negotiations for better wages, work conditions, or benefits. The
reason for this fee is simple: even if a worker is not a union member, they still benefit from
the union’s work. The agency shop agreement respects an employee’s choice not to join the
union but still requires non-members to support the union’s efforts financially.
Extra information
Closed-shop agreements are regulated by section 26 as follows: Concluded by a majority union and
an employer or an employers’ organisation Concluded by way of a collective agreement The
employees to be covered by the agreement must have a ballot before a closed-shop agreement is
concluded Two-thirds of the employees (that will potentially be covered) who voted, must vote in
favour of the agreement Employees who were already employed when the closed-shop agreement
came into effect, and conscientious objectors may not be dismissed for Refusing to join the union
which is a party to a closed-shop agreement Employer must deduct agreed subscription fee from
