In light of the current challenges typically experienced when embarking on a collective bargaining process in the South African Employment Relations arena, this 1-day course will focus on building the understanding and skills to be able to negotiate pragmatically with the goal of achieving outcomes that are of mutual interest to both parties. The course is intended to build the capacity of both employer and union negotiators for participating effectively in a collective bargaining process. 

You will also learn about your obligations in terms of the Code of Good Practice: Collective bargaining, industrial action and picketing and picketing rules and hear about recent decisions relating to picketing arising out of applications to the courts for orders interdicting and restraining picketers from acts of violence and intimidation in contravention of the Code.

1. Opening the negotiation and exploration - creating value
   1. How to open a negotiation
   2. Techniques for exploring
   3. The power of active listening
   4. Opening the negotiation and exploring - role-play
   5. Generating options
2. Bargaining through to concluding the negotiation - claiming value
   1. Determining the bargaining range and the zone of potential agreement
   2. Strategies for making effective offers and proposals
   3. The significance of alternatives to a negotiated agreement
   4. Bargaining and concluding role-play
   5. Managing emotion
   6. Why deadlock occurs and what to do about it
   7. Ideas for breaking the apparent deadlock
   8. Finalising agreement or confirming deadlock
3. Informing your negotiation process with the principles of the LRA and the Code of Good Practice: Collective Bargaining
   1. How to negotiate in good faith
   2. Principles and requirements regarding industrial action and picketing
   3. When industrial action can be exercised
   4. Legitimate subjects and timing for industrial action
   5. Who may strike
   6. Strike ballots and notification of industrial action
   7. Picketing and conduct during industrial action
   8. Industrial action and accommodation and other employee benefits
   9. Communication during industrial action
4. Action planning