(1) Subject to sub-clause (2)—
| (a) |
the Bargaining Council shall be the sole forum for negotiating matters contained in the Main Agreement; |
| (b) |
during the currency of the Agreement, no matter contained in the Agreement may be an issue in dispute for the purposes of a strike or lock-out or any conduct in contemplation of a strike or lock-out; |
| (c) |
any provision in a collective agreement binding an employer and employees covered by the Council, other than a collective agreement concluded by the Council, that requires an employer or a trade union to bargain collectively in respect of any matter contained in the Main Agreement, is of no force and effect. |
| (2) |
Where bargaining arrangements at plant and company level, excluding agreements entered into under the auspices of the Bargaining Council, are in existence, the parties to such arrangements may, by mutual agreement, modify or suspend or terminate such bargaining arrangements in order to comply with subclause (1). |
| (3) |
In the event of the parties to such arrangements failing to agree to modify or suspend or terminate such arrangements by the date of implementation of the Main Agreement, the matter will be referred to conciliation, should conciliation be unsuccessful, the matter must be referred to advisory arbitration and should either party not be prepared to accept the advisory arbitration decision, they will be free to pursue the matter in terms of legal industrial action. Alternatively, the parties may agree in advance that the arbitration decision will be final and binding, in which case no legal industrial action may be undertaken. |
| (4) |
The provisions of this clauses shall apply equally to any trade unions not party to this Agreement. |
| (5) |
FULL AND FINAL SETTLEMENT |
| (a) |
The 1 July 2021 to 30 June 2024 Settlement Agreement amends existing terms and conditions of employment, of all employees covered by this Agreement, and is in full and final settlement of wages and conditions of employment for the period of this Agreement. |
| (b) |
Conditions of employment that are not amended by this Agreement shall continue to apply. |
| (c) |
It is agreed that the above provision will not affect existing company-level agreements. Furthermore, in the case of such existing company-level agreements, only party trade unions registered with the Bargaining Council will be entitled to engage with employers at company level. |
South African Council for Educators Act, 2000
