Abstract
M.Comm.
Collective bargaining has undergone substantial changes in South Africa.
Not alone have we seen dramatic political change but a totally new rule
of law. The Interim Constitution was but the beginning. With the
promulgation of Act 200 of 1994 a new era was entered into, not only
for South Africa, but in particular, for collective bargaining in South
Africa. With the final Constitution, Act 108 of 1996, taking effect on 4
February 1997, a new era arrived for collective bargaining. Since the
passing of the Interim Constitution in 1994 there have been many
changes. Various changes in the legislation occurred, amongst others,
(a) the Act on National Economical Development and Labour, No. 35 of
1994, (b) the New Act on Labour Relations, No. 66 of 1995, (c) the New
Act on Basic Conditions of Employment, the New Act on Public Holidays,
No. 36 of 1994, (d) the Occupational Health and Safety Act, No. 85 of
1993, (e) the Compensation for Occupational Injuries and Diseases Act,
No. 130 of 1993 and the like, have signalled the changes in the new
collective bargaining arena.
A vast amount of sections in the Constitution's Bill of Rights can be
made applicable to collective bargaining. It makes one realise the
importance of this subject. Section 23 of the Constitution entrenches the
fundamental right of collective bargaining. This right is not only
entrenched in the Constitution, but made practical under the new Labour
Relations Act, Act. 66 of 1995. Of particular importance are the
structures within which collective bargaining under the new Act are
envisaged. The Communication sector, and in particular the Telecommunication
sector in South Africa, finds itself in a very regulated environment.
Exclusive rights have been granted to TELKOM for another four years,
which was initially five years starting in 1997, and expiring in 2001. The
Communication Workers' Union, the dominant union in the
Telecommunication sector, is trying to expand its power base and is
looking to gain control of the Telecommunication sector as a whole.