DRAFT CODE OF GOOD PRACTICE: COLLECTIVE BARGAINING, INDUSTRIAL ACTION AND PICKETING

CONTENTS


 

PART A: INTRODUCTION

1. Intention and interpretation

2. Context

3. Purpose

PART B: COLLECTIVE BARGAINING

4. Collective bargaining and disputes of mutual interest

5. Fundamental commitments

6. Promotion of collective bargaining

7. Principles of good faith bargaining

8. Development and support for negotiators

9. Preparing for negotiations

10. Submission of demands and responses

11. Commencement of negotiations

12. Use of facilitators

13. Disclosure of information

PART C: WORKPLACE DEMOCRACY AND DIALOGUE

14. Object

15. Measures to promote employee participation and dialogue in the workplace

PART D: INDUSTRIAL ACTION: STRIKES AND LOCKOUTS

16. Constitutional context

17. Disputes in respect of which industrial action may be exercised

Disputes of right, mutual interest and those involving socio-economic interests
What disputes may form the subject matter of a strike or lockout

18. Conciliation of mutual interest disputes

19. Ballot of members

20. Notice of the commencement of the strike or lockout

21. Who may strike

22. Strikes or lockouts in respect of employees residing on employer premises

23. Peace and stability and communication during a strike or a lockout

PART E: PICKETING

24. Introduction

25. Authorisation

26. Purpose of the picket

27. No picketing unless rules agreed or determined

28. Agreed picketing rules

29. Default picketing rules

30. Pickets on employer premises or in other designated areas

31. Dissemination of picketing rules

32. Conduct in the picket

33. Peace obligation and the role of police

34. Peace obligation and role of private security officers

35. General rights, obligations and immunity

ANNEXURE A

GOOD FAITH DECLARATION

ANNEXURE B

DEFAULT PICKETING RULES

ANNEXURE 1

DESCRIPTION OF PLACE OR PLACES FOR THE PICKET

ANNEXURE 2

NAMES AND DETAILS OF PARTICIPANTS