S. 59 (3) of the Labour Relations Act (14/07) stipulates that the terms of the collective agreement shall be incorporated into the contract of employment of every employee covered by the agreement
Thus , CBAs are statutorily incorporated to individual contracts of employment for union employees; Non-union employees do not benefit from its terms
Not all terms of a CBA are incorporated into each individual contract of employment. Only those deemed ‘appropriate.’ Where the clause deals with collective matters rather than individual matters , then that clause is not incorporated
Terms of a CBA may also be incorporated by conduct or custom , where in the absence of a specific agreement , collectively bargained terms and conditions are uniformly applied for the employees by an employer
The terms may also be incorporated by an express term in the contract of employment. Thus , where a clause in the contract stipulates that a term of employment is to be regulated by an CBA , then the CBA is incorporated into the contract of employment