A useful explanation of the nature and extent of these collective agreements is contained in the National Code of Labour Relations: in the private sector, the recognition of a union generally results in a collective agreement signed by the employer and by legally binding collective agreements, which is automatically transferred to the purchaser upon the transfer of a business. 94. Collective agreements can be a single document covering both procedural and substantive issues, or separate documents where agreements are concluded in negotiations. Public sector collective bargaining The framework of collective bargaining in the public sector will inevitably be similar to collective bargaining in the private sector, where union recognition generally results in a collective agreement signed by both the employer and the union. To negotiate a collective agreement, the parties must negotiate collective agreements. This will be a new experience for both public sector staff associations and government. However, a potential problem for public sector workers` organizations is that the government may not be willing to conduct meaningful collective bargaining. What the government considers to be „collective bargaining“ or „negotiation“ may seem little different from the current consultation procedures for representatives of a public sector staff organization. This is the experience of parastatal unions who complain that management treats their „negotiated procedures“ as basic advisory procedures. The challenge for public sector staff organizations is to create an environment conducive to genuine negotiations on their terms of employment.
It won`t be easy. Collective agreements may be implicit or explicitly incorporated into individual employment contracts. Those that are expressly included are usually made by reference to the collective agreement in the employment contract. If a collective agreement contains a non-strike clause (which limits or prohibits trade union action), it is also not considered binding on individual workers, unless it is written, it should be noted that these clauses are included in a contract as explicitly or implicitly included in the individual`s employment contract and is easily accessible in the workplace.