| (a) |
the parties to the collective agreement; |
| (b) |
each party to the collective agreement and the members of every other party to the collective agreement, in so far as the provisions are applicable between them; |
| (c) |
the members of a registered trade union and the employers who are members of a registered employers" organisation that are party to the collective agreement if the collective agreement regulates : |
| (i) |
terms and conditions of employment; or |
| (ii) |
the conduct of the employers in relation to their employees or the conduct of the employees in relation to their employers; |
| (d) |
employees who are not members of the registered trade union or trade unions party to the agreement if : |
| (i) |
the employees are identified in the agreement; |
| (ii) |
the agreement expressly binds the employees; and |
| (iii) |
that trade union or those trade unions have as their members the majority of employees employed by the employer in the workplace. |
| (2) |
A collective agreement binds for the whole period of the collective agreement every person bound in terms of subsection (1)(c) who was a member at the time it became binding, or who becomes a member after it became binding, whether or not that person continues to be a member of the registered trade union or registered employers" organisation for the duration of the collective agreement. |
| (3) |
Where applicable, a collective agreement varies any contract of employment between an employee and employer who are both bound by the collective agreement. |
| (4) |
Unless the collective agreement provides otherwise, any party to a collective agreement that is concluded for an indefinite period may terminate the agreement by giving reasonable notice in writing to the other parties. |
[Section 23(4) substituted by section 1 of Act No. 12 of 2002]
Electronic Communications and Transactions Act, 2002
