SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate an understanding of the legislative framework governing collective bargaining from a trade union perspective 
SAQA US ID UNIT STANDARD TITLE
258097  Demonstrate an understanding of the legislative framework governing collective bargaining from a trade union perspective 
ORIGINATOR
Task Team - Trade Unions 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 05 - Education, Training and Development Adult Learning 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
Learners credited with this Unit Standard will gain competencies which will enable them to obtain an overarching view of the legislation governing collective bargaining. While the Labour Relations Act (LRA) is the most important legislation, there are several other Acts that require due consideration to help in accomplishing the work of an organiser. Collective bargaining is an extremely important aspect in the work of a trade union. It is a key responsibility and function of a negotiator in the trade union movement at all levels. This knowledge is useful when applied in areas like negotiations, collective bargaining processes, organising and strategies for negotiations.

Learners credited with this Unit Standard will be capable of:
  • Discussing and applying a broad overview of the legislation pertaining to collective bargaining.
  • Discussing and applying collective bargaining with specific reference to the Labour Relations Act (LRA).
  • Explaining sectoral determination and its importance for the interests of workers. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners be competent in the following:
  • Communication at NQF Level 4 or equivalent. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Discuss and apply a broad overview of the legislative framework pertaining to collective bargaining. 
    OUTCOME NOTES 
    The Labour Relations Act (LRA) is discussed in relation to other legislation in this outcome. Aspects pertaining to collective bargaining are discussed in greater detail in Specific Outcome 2. 
    OUTCOME RANGE 
    Acts include but are not limited to the Labour Relations Act (LRA), Basic Condition of Employment Act (BCEA), Skills Development Act (SDA), Employment Equity Act (EEA), the Occupational health and safety Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Relevant sections of the different Acts pertaining to collective bargaining are identified and interpreted to strengthen worker interests. 

    ASSESSMENT CRITERION 2 
    The points of intersection between these Acts regarding collective bargaining are identified and discussed to gauge whether they consolidate the workers' positions. 

    ASSESSMENT CRITERION 3 
    A critique of the way in which power is distributed in the CB process is discussed in terms of how the law facilitates or restricts the use of this power by the workers. 

    ASSESSMENT CRITERION 4 
    Apply the legal framework to a range of collective bargaining scenarios. 
    ASSESSMENT CRITERION RANGE 
    Scenarios relate but are not limited to sectoral. Plant, company disputes; bargaining Unit Standard issues; interpretation of collective agreement, enforcement.
     

    SPECIFIC OUTCOME 2 
    Discuss collective bargaining in the trade union context with specific reference to the Labour Relations Act (LRA). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The origins of collective agreements and the interpretation and application thereof are explained in relation to all levels of collective bargaining. 

    ASSESSMENT CRITERION 2 
    Parties to a collective agreement are identified and their roles defined in relation to the LRA. 

    ASSESSMENT CRITERION 3 
    The binding nature of collective agreement and the process of extension of such agreement to non-parties are explained in terms of the law and the impact of the agreement. 

    ASSESSMENT CRITERION 4 
    Duties and powers of designated agents are identified and explained in relation to enforcement of collective agreements. 

    ASSESSMENT CRITERION 5 
    The concepts of closed shop and agency shop agreements are discussed and understood in terms of the disadvantages and advantages. 

    ASSESSMENT CRITERION 6 
    Examples of collective bargaining agreements are analysed to deepen knowledge of collective bargaining and to prepare for future participation in collective bargaining processes. 
    ASSESSMENT CRITERION RANGE 
    Analysis includes but is not limited to aspects like approach, strategy, efficacy.
     

    SPECIFIC OUTCOME 3 
    Explain sectoral determination and its importance to trade unions for the interests of workers. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of sectoral determination as described in labour law is explained to show the differences between collective bargaining and sectoral determinations. 

    ASSESSMENT CRITERION 2 
    The implications of the Wage Act of 1957 are explained to show the influence of the Act on sectoral determinations. 

    ASSESSMENT CRITERION 3 
    The compliance, enforcement and challenges around sectoral determinations are analysed using examples of how they impact on workers. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this Unit Standard must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable the achievement of this Unit Standard must be accredited as a provider with the relevant ETQA.
  • Assessment and moderation of assessment will be overseen by the relevant ETQA according to the ETQA policies and guidelines for assessment and moderation.
  • Moderation must include both internal and external moderation of assessments at Exit Level Outcomes of the qualification, unless ETQA policies specify otherwise. Moderation should also encompass achievement of the competence described both in individual unit standard as well as the integrated competence described in the qualification. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Legislation:
  • Relevant aspects of the:
    > Labour Relations Act (LRA).
    > Basic Condition of Employment Act (BCEA).
    > Skills Development Act (SDA).
    > Employment Equity Act (EEA).
    > Occupational Health and Safety Act (OHSA).
  • Collective Agreements.
  • Sectoral determinations. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • Engaging with legislation around collective bargaining.
  • Making comparisons between collective bargaining and sectoral determinations. 

  • UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsively and effectively when:
  • Discussing legislation pertaining to sectoral determinations and collective bargaining. 

  • UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information to:
  • Compare the differences between collective bargaining councils and statutory councils.
  • Making comparisons between collective bargaining and sectoral determinations. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  63369   National Diploma: Trade Union Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered" 
    2020-07-30  ETDP SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.