Interpretation And Application Of Collective Agreements

With respect to the interpretation of the recognition agreement, the Court held that the Commissioner`s interpretation on the merits, because it gave effect under the terms of the agreement, that is, its ordinary and popular meaning, without ambiguity. That is how the Commissioner was right to apply his opinion to the questions put to him. In the event of a dispute in a unionized job, the collective agreement is the first place the parties will go for answers. Because of the fundamental importance of a collective agreement in a unionized environment, the interpretation of collective agreements tends to become a matter of great conflict between the parties, with each party struggling to interpret the document in its favour. On July 20, 2012, SAFA issued a notice to all staff informing them of its intention to initiate a restructuring process in the workplace. As no savings contracts were entered into, the restructuring process was carried out within the meaning of the LRA`s s189. Article 4 of the Recognition Agreement stipulates that the employer has agreed to consult the work forum in the event of a major change of employment within the meaning of Section 84 of the Labour Relations Act (LRA). Conversely, Article 19 provides that the parties have agreed that a savings contract would come into effect in the event of a reduction and, in the absence of such an agreement, s189 applies to the LRA. Jurists are not philosophers of good faith, although they have merit in the thesis that the fundamental principles of law and the credibility of philosophical thought overlap. As an illustration, in BIFAWU obo Members/Commission for Conciliation, Mediation and Arbitration and Others (JR306/13) [2018] ZALCJHB 303 (September 27, 2018), the Tribunal was to consider whether a collective agreement had actually been “interpreted” to implement the “true” intent of the parties. (3) If there are French and English versions, the intention of the parties can be clarified by comparing the two texts.

Many PSAC agreements provide that both texts are official. The Union of Banking Insurance, Finance and Insurance Workers (BIFAWU) has applied for a review of an arbitration award following a dispute over the interpretation of a collective agreement between them and the South African Football Association (SAFA). On 6 July 2012, a recognition agreement was concluded between BIFAWU and SAFA, which included the parties` tariff rights and defined the procedure for possible job restructuring. Following numerous attempts at conciliation, the matter was referred to arbitration proceedings in which the Commissioner found that clause 4 (b) was not applicable on the basis of the text of the SAFA communication and the collective agreement. 4. The context in which words appear is also an important source of their meaning. The words considered should be read in the context of the sentence, section or collective agreement as a whole. Titles also help to make sense of the sections covered by the collective agreement, unless the collective agreement indicates that titles should not be used as an interpretive guide.