Comment On The Binding Nature Of Collective Agreement In Nigeria
The Court also found that the extension of collective agreements on the basis of majority is both rational and reasonable, as it guarantees peace at work in the workplace. On the contrary, the Chamber of Mines was able to provide clear evidence that it was not a bargaining council within the meaning of the LRA and that, therefore, the collective agreement concluded between the employers and the other unions could not be extended by the Minister within the meaning of section 32. AMCU also argued (apparently opportunistically) that the Chamber of Mines was the equivalent of a bargaining board established under the LRA and that, therefore, only the Minister had the necessary power to extend the provisions of a collective agreement to non-parties within the meaning of section 32 of the LRA. AMCU also challenged Section 23 and argued that the provision combined with Section 65 of the LRA and the definition of “employment” violated its rights to collective bargaining and strike. Collective agreements are agreements negotiated between one or more trade unions and employers` or employers` organisations, which cover one or more of the following points: a collective agreement is ultimately considered not to have been envisaged by the trade union and the employer as a legally enforceable contract, unless it is: conversely, the Mountain Chamber and the various employers have argued that: That all its mines together constituted a single workplace and, to that end, AMCU enjoyed only a minority presence in that workplace. The basis of his constitutional challenge was that section 23 prohibited a minority union from striking if it was bound by a collective agreement that had been extended to it. As a result, they were able to extend any collective agreements reached with the majority unions in the workplace. Section 23 allowed employers and unions to extend a collective agreement to non-parties if those non-parties are specified in the agreement, if the agreement is expressly binding on those non-parties, and if the union (or unions) that are parties to the agreement represents the majority of the workers employed by the employer in a given workplace. . . .