Section 105 - Effect of collective agreement

(1) An agreement concluded by a trade union through a standing negotiating committee or a joint standing negotiating committee shall, so far as the terms of the agreement permit, apply to all workers of the class specified in the certificate.

(2) The provisions of a collective agreement concerning the terms of employment and termination of employment, and personal obligations imposed on, and rights granted to, a worker or employer shall be regarded as terms of a contract of employment between each worker to whom the provisions apply and his or her employer.

(3) Any provisions that have effect as terms of a contract of employment under subsection (2), shall continue to have effect after the expiration of the collective agreement, so long as they have not been varied by agreement of the parties or in pursuance of this Act.

(4) The rights conferred on a worker by a collective agreement shall not be waived by the worker and, if there is any conflict between the terms of a collective agreement and the terms of any contract not contained in the collective agreement, the collective agreement shall prevail unless the terms of the contract are more favourable to the worker; and it is immaterial whether or not the contract was concluded before the collective agreement.

(5) The withdrawal of a certificate appointing a trade union under subsection (8) of section 99 shall not affect the validity of a collective agreement made by the trade union before the certificate was withdrawn, but any collective agreement which is made by another trade union after the withdrawal of the certificate shall have effect notwithstanding anything in the previous agreement.