11.1.1 With respect to the rights covered in sections 12, 13 and 15 of the Act, the parties to the Council set a threshold of representativeness corresponding to the percentage of membership set in paragraph 4.2.2 of the Council Constitution. According to Demawusa`s provincial coordinator, Siphiwo Ndunyana, the municipalities of Eastern Cape called security guards to intercept Demawusa agents and traders as they tried to enter the municipal construction sites. 11.6 The provisions of Section 25 of the LRA are intended to ensure that non-unionized workers do not improperly benefit from the bargaining efforts of those who contribute to bargaining through their union membership. However, in this case, THE members of MATUSA were members of a registered union and therefore did not fall within the definition of the term “imitator” to which an agency agreement was intended. These provisions should therefore not be construed as infringing on the right of workers to choose a union, which is a fundamental principle of freedom of association. (8D) The subsection (8C) applies to all disputes that will be submitted to the Commission after the commencement of the Employment Relations Amendment Act 2014, which the collective agreement under the subsection (8C) was concluded before the start of this entry into force. (i) the union is entitled to all rights mentioned in sections 12, 13 and 15 of the workplace; 11.2 Although SALGA, IMATU and SAMWU have entered into a binding recognition agreement excluding MATUSA from collective bargaining, the provisions of Section 21 (8C) of the LRA have been adopted to remedy the situation of unions that do not meet the minimum threshold for contacting a competent company in order to obtain the rights under Articles 12 13 and 15 of the LRA. 11.8 To the extent that the agency shop contract essentially doubled the deductions of MATUSA members, this was illegal and null and void. 12.4 Section 25 of the LRA provided that members of minority unions who pay union fees were required to pay agency fees, and the allocation of Section 13 rights did not change the position. In the end, MATUSA had not given a clear right to the discharge it wished. (6) National legislation may recognize collective security agreements contained in collective agreements.
To the extent that legislation may restrict a right in this chapter, the restriction must be consistent with section 36, paragraph 1. 21.4 In short, “parasitists” and their unions cannot simply be subsidized by majority unions or representatives and their members. The agency-boutique agreements are only intended to make parasites pay the fruits of the work of representative trade unions, without forcing them to join these unions.  However, it would be wrong to regard the provisions of Section 21 (8C) of the LRA as the only panacea to minority unions` attempts to disrupt the apple car, which is the hegemony of unions established in the communes.