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 THAT HAS PASSED THE END DATE: 

Demonstrate an understanding of collective agreements and bargaining councils 
SAQA US ID UNIT STANDARD TITLE
337121  Demonstrate an understanding of collective agreements and bargaining councils 
ORIGINATOR
Task Team - Labour Relations 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  Level TBA: Pre-2009 was L6  12 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 
The learner credited with this Unit Standard is able to give an explanation of the role that bargaining councils play in the labour market. Learners will also be able to explain how a bargaining council functions, who the parties to the Council are, how collective agreements are negotiated, extended and enforced and how disputes resolved.

The qualifying learner is capable of:
  • Explaining what a collective agreement in a bargaining council is.
  • Explaining the binding nature of collective agreements.
  • Extending collective agreements.
  • Enforcing collective agreements.
  • Explaining prescribed wages and conditions of employment. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in:
  • Communication at NQF Level 5 or equivalent. 
    		•

    UNIT STANDARD RANGE 
    The range statements are incorporated in the Specific Outcomes and Associated Assessment Criteria. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain bargaining councils. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    An explanation is given of the Council structure, its constitution and the equality principle of party representation. 

    ASSESSMENT CRITERION 2 
    The scope of registration and variation thereof is explained in respect of jurisdiction. 

    ASSESSMENT CRITERION 3 
    The powers and functions of bargaining councils are outlined in terms of their applicability to sectors. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the negotiating process in a bargaining council. 
    ASSESSMENT CRITERION RANGE 
    The negotiating process may include but are not limited to:
  • Proposals, counter proposals, mandating, side caucuses, time frames for bargaining, appointment of facilitators and/or mediators, establishment of negotiating committees and feedback.
     
    		•

    ASSESSMENT CRITERION 5 
    An explanation is given of what procedures should be followed at the conclusion of negotiations. 
    ASSESSMENT CRITERION RANGE 
    Procedures may include but are not limited to:
  • Cool off meetings, Commission for Conciliation, Mediation and Arbitration (CCMA), conciliation, strike/lock out, signed collective agreement and extension to non parties.
     
    		•

    SPECIFIC OUTCOME 2 
    Explain the binding nature of collective agreements. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Parties to the agreement and those who become parties upon the extension of the collective agreement are identified and explained with examples. 

    ASSESSMENT CRITERION 2 
    The process of extending the collective agreement to non-parties is explained with reference to legislation. 

    ASSESSMENT CRITERION 3 
    The binding nature of the collective agreement and its terms and conditions of employment on the members of the parties is explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Terms and conditions of employment may include but are not limited to:

    Prescribed wages, overtime, short time, lay-off, hours of work, benefits and deductions.
     

    SPECIFIC OUTCOME 3 
    Explain enforcement of collective agreements. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The role of agents is described in terms of their involvement in the enforcement of collective agreements. 

    ASSESSMENT CRITERION 2 
    The issuing of a compliance order is explained with examples. 

    ASSESSMENT CRITERION 3 
    The arbitration process of enforcing a dispute of non-compliance is explained in terms of the collective agreement and legislation. 
    ASSESSMENT CRITERION RANGE 
    The arbitration process may include the handling of a dispute about demarcation.
     

    ASSESSMENT CRITERION 4 
    An explanation is given of the enforcing of an award. 
    ASSESSMENT CRITERION RANGE 
    Enforcing of an award includes Commission for Conciliation, Mediation and Arbitration (CCMA), certification, Write of Execution issued by the Labour Court and Sheriff.
     


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through Recognition of Prior Learning) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Legislation and regulations pertaining to Bargaining Councils and Collective Agreements.
  • Understand what a collective agreement is. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems related the binding nature and enforcement of the collective agreements. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities in ways that allow for a better understanding of bargaining councils and collective agreements. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information which may have an impact on collective agreements and their enforcement. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems where a lack of understanding of bargaining councils and collective agreements may have a negative impact on the parties involved. 

    UNIT STANDARD CCFO CONTRIBUTING 
    In order to contribute to the full personal development of each learner and the social and economic development of society at large, it must be the intention underlying any programme of learning to make an individual aware of the importance of participating as responsible citizens in the life of local, national and global communities in the process of understanding bargaining councils and collective agreements. 

    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  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SERVICES 
    Elective  61592   National Diploma: Human Resources Management and Practices  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 


    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.