Section 1 – Purpose, Application and Interpretation

Purpose of this Act

The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are-

(a)  to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution;

(b)  to give effect to obligations incurred by the Republic as a member state of the International Labour Organisation;

(c)  to provide a framework within which employees and their trade unions, employers and employers’ organisations can-

(i)  collectively bargain to determine wages, terms and conditions of employment and other matters of mutual interest; and

(ii) formulate industrial policy; and

(d)  to promote-

(i)  orderly collective bargaining;

(ii)  collective bargaining at sectoral level;

(iii)  employee participation in decision-making in the workplace; and

(iv)  the effective resolution of labour disputes

Exclusion from application of this Act

This Act does not apply to members of-

(a)  the National Defence Force;

(b)  the National Intelligence Agency; and

(c)  the South African Secret Service.

Interpretation of this Act

Any person applying this Act must interpret its provisions-

(a)  to give effect to its primary objects;

(b)  in compliance with the Constitution; and

(c)  in compliance with the public international law obligations of the Republic