THE STATUS OF COLLECTIVE AGREEMENT IN THE NIGERIAN LABOUR AND INDUSTRIAL LAW: AN APPRAISAL

Abstract

Collective Agreement in Nigeria, save for some new trending legal reprieve, have been that of unenforceability anchored on the old common law principles. These were principles developed in old English cases which subjected employees to helpless situations. These employees do not assert the same strength with their employers with regards to individually bargaining on the terms and condition of their employment. Sadly, even when agreements are reached from voluntary bargains between the employees or employees’ organization and the employers or employers’ organization, it is adjudged to be unenforceable and at best a gentleman’s agreement premised on absence of privity and lack of intention to create legal relation. This paper examined Collective Agreement, and its enforceability under the Nigerian Labour and Industrial Relations Law. In doing this, the paper also critically examined certain recognized, albeit limited circumstances under which collective agreements would be enforceable by the courts. The new innovations arising from the Third Alteration of the Constitution of the Federal Republic of Nigeria and the powers conferred on the National Industrial Court was also discussed.