Contributed by: Ms. Urmila Bhoola BA Hons, LLB (WITS), LLM (Toronto, Canada) is the Managing Director of Resolve Workplace Equity. She is a lawyer with extensive expertise in the areas of anti-discrimination and equality legislation, fairness at work, labour law and constitutional law. A boutique agency contract is defined in Article 25(1) of the LRA: “A representative trade union and an employers` organisation may conclude a collective agreement called a boutique agency contract and obliges the employer to deduct an agreed placement fee from the wages of the workers mentioned in the agreement, who are not members of the trade union but who have the right to join the trade union”. Any agreement in the employees` existing terms and conditions must involve the employees to be valid. Both laws are supported by the EEA, which represses the equality clause in the Constitution as a whole and adds that discrimination should not be made on the basis of human immunodeficiency virus (HIV) status. The LRA provides in section 20 that a registered union and an employers` or employers` organization enter into a collective agreement that governs organizational rights. This means that, even if it is not representative, the union could have organizational rights that the parties have agreed upon. . . .