LLW2602
Assignment 02
Unique No: 898414
Semester 2 2025
Due 5 September 2025
,LLW2602
Assignment 02
Semester 2 2025
Unique Number: 898414
Due Date: 5 September 2025
Two responses have been provided
Acquisition of Organisational Rights in South African Labour Law: The Case of
the Bakery Workers Association
1. Introduction
In South African labour law, as codified in the Labour Relations Act 66 of 1995 (LRA),
organisational rights are statutory entitlements afforded to registered trade unions for
the purpose of enabling them to organise, represent employees, and engage effectively
in collective bargaining. These rights serve as a critical foundation for the functioning of
a pluralist industrial relations system.
The LRA sets out these rights explicitly:
• Access to the workplace (Labour Relations Act 66 of 1995 s 12).
• Deduction of trade union subscriptions or levies (s 13).
• Election of trade union representatives (shop stewards) (s 14).
• Leave for trade union activities (s 15).
• Disclosure of relevant information (s 16).
The statutory thresholds for acquisition differ: “sufficient representativeness” is required
for rights under sections 12, 13, and 15, while “majority representation” (50% plus one
, of the employees in the workplace) is required for rights under sections 14 and 16 (LRA
s 11). The Constitutional Court has emphasised that these thresholds must be applied
flexibly to promote the constitutional right to fair labour practices (Constitution of the
Republic of South Africa, 1996 s 23) and the right to join trade unions (s 23(2)(a)), as
seen in NUMSA v Bader Bop (Pty) Ltd and Another 2003 (3) SA 513 (CC) [27]–[33].
The principal procedure for acquisition is provided in section 21 of the LRA, which sets
out a sequential framework for recognition.
2. Voluntary Negotiation and Collective Agreement
The preferred method of acquiring organisational rights is through voluntary
negotiation culminating in a collective agreement. This approach reflects the LRA’s
objective of encouraging self-regulation by employers and trade unions (LRA s 1(d)(ii)).
BWA may initiate this process by serving a written notice on Biscuit Bakery (Pty) Ltd
(BB) that:
1. Attaches a certified copy of the union’s registration certificate (s 21(2)(a)).
2. Specifies the workplace to which the request applies (s 21(2)(b)).
3. Provides verifiable evidence of representativeness, such as current membership
figures (s 21(2)(c)).
4. Identifies the rights sought and proposes practical arrangements for their
exercise (s 21(2)(d)).
Upon receiving the notice, BB must meet with BWA within 30 days to attempt to
conclude a collective agreement granting the rights and regulating their use (s 21(3)).
Such agreements often include operational conditions, for example, specifying times
and protocols for workplace access, procedures for deducting subscriptions, and limits
on leave for union business.
Where BWA attains majority representation, section 18 of the LRA permits the parties to
adjust or waive thresholds for certain rights, including those under sections 14 and 16.
Assignment 02
Unique No: 898414
Semester 2 2025
Due 5 September 2025
,LLW2602
Assignment 02
Semester 2 2025
Unique Number: 898414
Due Date: 5 September 2025
Two responses have been provided
Acquisition of Organisational Rights in South African Labour Law: The Case of
the Bakery Workers Association
1. Introduction
In South African labour law, as codified in the Labour Relations Act 66 of 1995 (LRA),
organisational rights are statutory entitlements afforded to registered trade unions for
the purpose of enabling them to organise, represent employees, and engage effectively
in collective bargaining. These rights serve as a critical foundation for the functioning of
a pluralist industrial relations system.
The LRA sets out these rights explicitly:
• Access to the workplace (Labour Relations Act 66 of 1995 s 12).
• Deduction of trade union subscriptions or levies (s 13).
• Election of trade union representatives (shop stewards) (s 14).
• Leave for trade union activities (s 15).
• Disclosure of relevant information (s 16).
The statutory thresholds for acquisition differ: “sufficient representativeness” is required
for rights under sections 12, 13, and 15, while “majority representation” (50% plus one
, of the employees in the workplace) is required for rights under sections 14 and 16 (LRA
s 11). The Constitutional Court has emphasised that these thresholds must be applied
flexibly to promote the constitutional right to fair labour practices (Constitution of the
Republic of South Africa, 1996 s 23) and the right to join trade unions (s 23(2)(a)), as
seen in NUMSA v Bader Bop (Pty) Ltd and Another 2003 (3) SA 513 (CC) [27]–[33].
The principal procedure for acquisition is provided in section 21 of the LRA, which sets
out a sequential framework for recognition.
2. Voluntary Negotiation and Collective Agreement
The preferred method of acquiring organisational rights is through voluntary
negotiation culminating in a collective agreement. This approach reflects the LRA’s
objective of encouraging self-regulation by employers and trade unions (LRA s 1(d)(ii)).
BWA may initiate this process by serving a written notice on Biscuit Bakery (Pty) Ltd
(BB) that:
1. Attaches a certified copy of the union’s registration certificate (s 21(2)(a)).
2. Specifies the workplace to which the request applies (s 21(2)(b)).
3. Provides verifiable evidence of representativeness, such as current membership
figures (s 21(2)(c)).
4. Identifies the rights sought and proposes practical arrangements for their
exercise (s 21(2)(d)).
Upon receiving the notice, BB must meet with BWA within 30 days to attempt to
conclude a collective agreement granting the rights and regulating their use (s 21(3)).
Such agreements often include operational conditions, for example, specifying times
and protocols for workplace access, procedures for deducting subscriptions, and limits
on leave for union business.
Where BWA attains majority representation, section 18 of the LRA permits the parties to
adjust or waive thresholds for certain rights, including those under sections 14 and 16.
