Section 33, The Industrial Relations and Trade Union Act, 2024

(1) A Gazetted collective agreement shall be binding onthe parties to the agreement if it has been duly signed by the parties concerned on behalf of the employers and employees operating within the trade group. (2) A Gazetted collective agreement shall be binding on- (a) the members of an organisation or trade group operating within the trade group; (b) an employer and employee who - (i) were members of such organisations or trade group before the date of the collective agreement; (ii) became members of such organisations or trade group after the date of the collective agreement; (iii) are operating in the trade group. 28 29 Status of collective Lodging of collective bargaining No. 6 The Industrial Relations and Trade Union Act 2024 No. 6 The Industrial Relations and Trade Union Act 2024 (3) A Gazetted collective agreement shall remain binding, - (a) notwithstanding a change - (i) of employer; (ii) of ownership of the undertaking or industry concerned; or (iii) in the membership or structure of the trade union or employers’ organisation; (b) until- (i) it is replaced by a new collective agreement at the expiration of 3 years after coming into force; or (ii) it is terminated by the mutual agreement of the parties thereto. (4) Negotiations shall recommence, at the request of either party to the Gazetted collective agreement. (5) An agreement arrived at by a Trade Group Council shall substitute an existing agreement whose terms are less favourable than the relative provision of a new agreement. (6) Upon application by an affected party, the Industrial Court shall determine whether an employer or employee or a class of employers or employees is covered by a Gazetted collective (7) Where a Gazetted collective agreement contains clauses directly applicable to the terms and conditions of employment of an employee or class of employees, such clauses shall be deemed to be incorporated as terms and conditions of the contract of employment of an employee employed by a party to the agreement irrespective of whether the employee is a member of the trade union party to the (8) An employer who fails to comply with the provisions of a collective bargaining agreement which is binding upon him shall, without derogation from any other remedies that may be available against him for its enforcement, is liable to a fine not less than 24 months national minimum wage.