Course Notes _ Collective Bargaining in the Workplace: Handling Negotiations, Industrial Action & Dispute Resolution

Module 1:

Introduction:

• Purpose.
• Overview, significance & objectives of Collective Bargaining in South Africa.

Module 2:

Historical Context, Legislation & Framework:

• Historical Context & evolution of Collective Bargaining.
• Legal framework & regulations.
• Definition & scope of “Collective Bargaining”.
• Rights & obligations of parties involved.
• The role of trade unions, employers organisations & Bargaining Councils.
• Various Bargaining Councils & structures.

Module 3:

The Dynamics of Bargaining Councils:

• The Collective Bargaining process.
• Representivity at Councils.
• Collective agreement formation & types of agreements.
• Committees & meetings.
• Role-players at councils & committees.
• Compliance with relevant labour laws, regulations & industry standards.
• The role of the CCMA in Collective Bargaining.

Module 4:

Negotiations Techniques & Strategies:

• Preparation & planning for negotiations.
• Conducting effective negotiations.
• Interest-based bargaining versus positional bargaining.
• Building trust and rapport between bargaining parties.
• Handling impasse situations and resolving conflicts during negotiations.

Module 5:

Industrial Action:

• Definitions of strikes, lock-outs, picketing & protest action.
• Legal framework, rights & obligations of parties.
• Procedures & requirements of lawful strikes & lock-outs.
• Role of the CCMA.
• Management techniques & response strategies.
• Effective negotiations & reaching settlements.

Module 6:

Dispute Resolution in Collective Bargaining:

• Overview of dispute resolution processes.
• Strategies for preventing disputes.
• Organisational rights disputes.
• Exemptions.
• Compliance disputes.
• Enforcement disputes.
• Demarcation disputes.

Module 7:

Best Practices:

• Best practices from Collective Bargaining experiences.

Conclusion:

Q&A Session:

• Q&A Session.