Kollektiewe bedinging in die telekommunikasie sektor in Suid-Afrika

M.Comm.Collective bargaining has undergone substantial changes in South Africa. Not alone have we seen dramatic political change but a totally new rule of law. The Interim Constitution was but the beginning. With the promulgation of Act 200 of 1994 a new era was entered into, not only for South Africa, but in particular, for collective bargaining in South Africa. With the final Constitution, Act 108 of 1996, taking effect on 4 February 1997, a new era arrived for collective bargaining. Since the passing of the Interim Constitution in 1994 there have been many changes. Various changes in the legislation occurred, amongst others, (a) the Act on National Economical Development and Labour, No. 35 of 1994, (b) the New Act on Labour Relations, No. 66 of 1995, (c) the New Act on Basic Conditions of Employment, the New Act on Public Holidays, No. 36 of 1994, (d) the Occupational Health and Safety Act, No. 85 of 1993, (e) the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 and the like, have signalled the changes in the new collective bargaining arena. A vast amount of sections in the Constitution's Bill of Rights can be made applicable to collective bargaining. It makes one realise the importance of this subject. Section 23 of the Constitution entrenches the fundamental right of collective bargaining. This right is not only entrenched in the Constitution, but made practical under the new Labour Relations Act, Act. 66 of 1995. Of particular importance are the structures within which collective bargaining under the new Act are envisaged. The Communication sector, and in particular the Telecommunication sector in South Africa, finds itself in a very regulated environment. Exclusive rights have been granted to TELKOM for another four years, which was initially five years starting in 1997, and expiring in 2001. The Communication Workers' Union, the dominant union in the Telecommunication sector, is trying to expand its power base and is looking to gain control of the Telecommunication sector as a whole