, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Bakery Workers Association (‘BWA’) is a registered trade union which represents some
employees within Biscuit Bakery (Pty) Ltd (‘BB’). BWA approaches BB to acquire various
organisational rights within the workplace. Describe various methods which BWA may use to
acquire organisational rights within BB.
Methods for Acquiring Organisational Rights
In the context of trade unions in South Africa, organisational rights refer to the rights of trade unions
to access the workplace, represent employees, and engage in collective bargaining on their behalf.
For a trade union like the Bakery Workers Association (BWA) to gain such rights within an
employer's workplace, the Labour Relations Act (LRA) provides several mechanisms. These
mechanisms aim to balance the interests of both employers and unions, ensuring fair representation
while preventing undue disruption in the workplace. Methods BWA can use to acquire
organisational rights within Biscuit Bakery (Pty) Ltd (BB):
1. Collective Agreement
One of the most direct methods for BWA to acquire organisational rights is by negotiating a
collective agreement with BB. A collective agreement is a formal contract between the employer and
the union that outlines the rights and obligations of both parties in the workplace. In terms of the
LRA, a collective agreement may grant the union various organisational rights, such as the right to
access the workplace, the ability to hold meetings with employees, the right to represent members in
disputes, and the ability to deduct union fees from employee wages. This agreement can be entered
into voluntarily by the employer if both parties agree on the terms1. It provides a framework for
cooperation and reduces potential conflicts by clearly defining the roles of both the union and the
employer.
2. Section 21 Procedure (LRA)
If BWA is unable to reach a collective agreement with BB, it can invoke the Section 21 procedure of
the LRA. This section allows a union to apply for organisational rights through a formal process
when the employer is unwilling to grant these rights voluntarily. The procedure begins with the
union notifying the employer of its intention to acquire rights. If the employer does not respond
positively within 30 days, the dispute is referred to the Commission for Conciliation, Mediation, and
Arbitration (CCMA) for conciliation. If conciliation fails to resolve the issue, the matter can be
referred to arbitration. The CCMA will then decide whether the union should be granted the rights it
seeks, based on factors such as membership and representivity. This process ensures that unions have
a legal pathway to secure their rights even in the absence of employer consent2 .
1: (McGregor 2021: p 191)
2: (LLW2602, 2024: p 207)
1. Bakery Workers Association (‘BWA’) is a registered trade union which represents some
employees within Biscuit Bakery (Pty) Ltd (‘BB’). BWA approaches BB to acquire various
organisational rights within the workplace. Describe various methods which BWA may use to
acquire organisational rights within BB.
Methods for Acquiring Organisational Rights
In the context of trade unions in South Africa, organisational rights refer to the rights of trade unions
to access the workplace, represent employees, and engage in collective bargaining on their behalf.
For a trade union like the Bakery Workers Association (BWA) to gain such rights within an
employer's workplace, the Labour Relations Act (LRA) provides several mechanisms. These
mechanisms aim to balance the interests of both employers and unions, ensuring fair representation
while preventing undue disruption in the workplace. Methods BWA can use to acquire
organisational rights within Biscuit Bakery (Pty) Ltd (BB):
1. Collective Agreement
One of the most direct methods for BWA to acquire organisational rights is by negotiating a
collective agreement with BB. A collective agreement is a formal contract between the employer and
the union that outlines the rights and obligations of both parties in the workplace. In terms of the
LRA, a collective agreement may grant the union various organisational rights, such as the right to
access the workplace, the ability to hold meetings with employees, the right to represent members in
disputes, and the ability to deduct union fees from employee wages. This agreement can be entered
into voluntarily by the employer if both parties agree on the terms1. It provides a framework for
cooperation and reduces potential conflicts by clearly defining the roles of both the union and the
employer.
2. Section 21 Procedure (LRA)
If BWA is unable to reach a collective agreement with BB, it can invoke the Section 21 procedure of
the LRA. This section allows a union to apply for organisational rights through a formal process
when the employer is unwilling to grant these rights voluntarily. The procedure begins with the
union notifying the employer of its intention to acquire rights. If the employer does not respond
positively within 30 days, the dispute is referred to the Commission for Conciliation, Mediation, and
Arbitration (CCMA) for conciliation. If conciliation fails to resolve the issue, the matter can be
referred to arbitration. The CCMA will then decide whether the union should be granted the rights it
seeks, based on factors such as membership and representivity. This process ensures that unions have
a legal pathway to secure their rights even in the absence of employer consent2 .
1: (McGregor 2021: p 191)
2: (LLW2602, 2024: p 207)
