QUESTION 3

The LRA makes provision for organisational rights to enable the trade union to engage effectively in collective bargaining with the employer. Amongst organisational rights, there is the right of disclosure of information. Kanana Workers Union (KWU) is a newly found trade union which represents employees at Primary Food SA (Pty) Ltd (PFSA). KWU accuses PFSA of refusing to bargain with it. Answer the following questions:

(a) Which conducts by the employer amount to a refusal to bargain in terms of the LRA. (10)

(b) Discuss the circumstances under which certain information cannot be disclosed or withheld by the employer for the purposes of bargaining. (8)

(c) Discuss the ways in which a trade union may acquire organisational rights? (6)

(d) What is the primary goal of collective bargaining? (1) [25]