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Usamate: Signed Collective Agreements Must Not be Breached

Parties must meet each other from time to time for the purpose of bargaining and must consider proposals made by each other, says Usamate Both parties to any collective agreement
28 Jan 2017 11:00
Usamate: Signed Collective Agreements Must Not be Breached
Minister for Employment, Productivity and Industrial Relations Jone Usamate (seventh from left) with the National Union of Municipal Workers executive members on Thursday. Photo: DEPTFO News

Parties must meet each other from time to time for the purpose of bargaining and must consider proposals made by each other, says Usamate

Both parties to any collective agreement must adhere to the terms and conditions set out within the agreement that has been agreed upon collectively.

This was highlighted by the Minister for Employment, Productivity and Industrial Relations Jone Usamate while receiving queries from trade unions on issues relating to the breaching of collective agreements.

In order to enter into a collective agreement, the duty of good faith requires a registered trade union and an employer to bargain for a collective agreement.

“They must meet each other from time to time for the purpose of bargaining and must consider proposals made by each other,” Mr Usamate said.

“After the initiation of bargaining, the trade union and the employer must use their endeavours to enter into an agreement.

“Once the collective agreement is reached, both parties must comply with the provisions of the agreement that was negotiated.”

Minister Usamate reminded employers and trade unions that a collective agreement became legally binding once signed by both parties and a proof of the fact was the copy of the Certificate of Registration issued by the Registrar of Trade Unions.

Either party that breaches the collective agreement may report the matter in writing and in a prescribed manner to the Permanent Secretary for Employment, Productivity and Industrial Relations within three months under Section 170 of the Employment Relations (Amendment) Act 2015.

Source: DEPTFO News

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