Unlike mere consultation, collective bargaining presumes a willingness from each party, not only to listen to and consider the representations of the other party, but also to abandon its own fixed positions where possible, in order to find common ground. Bargaining occurs, "inter alia",   Bargaining, then, is a dynamic process. Collective bargaining is mainly concerned with disputes of interest, but not to the exclusion of disputes of right. The word "collective" refers to the fact that employees join together in trade unions to increase their power in bargaining with employers over wages, working conditions and any other matters of mutual interest between them. It is important to note that, on the workers' side, only trade unions may engage in collective bargaining. Although a single employer can engage in collective bargaining, an individual employee cannot, by definition, engage in collective bargaining. If successful, collective bargaining leads to a settlement and the conclusion of a collective agreement. If it fails, there are several options available to the employer or the union, including   When a trade union enters into the collective-bargaining process, it will normally have one of three objectives in mind:   The LRA makes provision for the establishment of two institutions within which collective bargaining may take place:   The establishment, composition and function of bargaining councils and statutory councils are regulated in some detail by the LRA. Employers and trade unions remain free, however, to agree to their own collective-bargaining fora and procedures. The Act, however, does not regulate this "non-statutory collective bargaining" in any detail; it is left to the employer and the trade union to reach agreement on issues such as   The only facet of this type of bargaining regulated by the LRA is the legal effect and binding nature of collective agreements entered into. It could be argued that the constitutional right to bargain collectively (s 23(5)) includes both a legally enforceable right to bargain collectively, as well as a corresponding duty to bargain collectively on the other party to the relationship. Since the LRA does not create a duty to bargain, this may give rise to the argument that the Act does not go far enough in protecting and giving content to the constitutional right. This debate may have to be solved by the courts in the future. For now, however, there is no general duty to bargain on employers and trade unions in terms of the LRA. An employer may refuse to engage with a trade union; in turn, the trade union may take strike action.