Collective Bargaining

  • Possibly one of the most important organisational rights is the right of SAMWU and IMATU to bargain (negotiate) collectively in respect of wages and terms and conditions of employment. The Constitution and Main Collective Agreement set out how these rights are to be exercised and which substantive matters get bargained at the relevant and appropriate level. Collective bargaining takes place at 3 levels, viz the Central Council, Divisional and Municipal levels.
  • Collective bargaining takes place in the Bargaining Committee at either Central Council or Divisional level.
  • In the case of municipal-level bargaining, this may take place in the Local Labour Forum (LLF).
  • The matters for bargaining at the various levels are specified in Part C, Clause 1 of the Main Collective Agreement.
  • Parties at divisional or municipal level are not allowed to collectively bargain on any matter that is reserved solely for the Central Council or higher level. Any collective agreement concluded at divisional or municipal level, which incorporates a subject matter that is reserved for Central Council, may be deemed ultra vires.