CONCOR PROJECTS (PTY) LTD ta CONCOR OPENCAST MINING v CCCMA (JA35/2013) [2014] ZALAC 96 (13 February 2014)

CONCOR PROJECTS (PTY) LTD ta CONCOR OPENCAST MINING v CCCMA (JA35/2013) [2014] ZALAC 96 (13 February 2014)

The Labour Appeal Court held that the collective agreement negotiated at sectoral level does not bind non-signatory unions such as AMCU under section 23(1)(d) of the LRA, as AMCU's members were not identified in the agreement and the agreement did not expressly bind them. Sectoral determinations, promulgated under the BCEA, are distinct from collective agreements and only set minimum terms and conditions of employment, not precluding employees from bargaining for better terms. The settlement agreement was invalid due to a common mistake regarding the legal effect of the sectoral determination, and it would be unfair to deny AMCU and its members their constitutional right to strike based...

Citation
[2014] ZALAC 96
Parties
Appellant: CONCOR PROJECTS (PTY) LTD t/a CONCOR OPENCAST MINING; Respondent: COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION; Respondent: COMMISSIONER COMFORT MOKABANE NO; Respondent: ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION (AMCU); Respondent: N TITANA & FURTHER RESPONDENTS
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 February 2014
Case Number
JA35/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs, including costs of two counsel. The Labour Court's order is amended to clarify that only paragraphs 2.2 and 2.3.1 of the rule nisi are confirmed; the rest are discharged.
Judges
Waglay, C J Musi, Mokgoatlheng
Legal Topics
Collective Agreements, Sectoral Determination, Refusal to Bargain, Protected Strike, Common Mistake, Costs Order
Labour Law Civil Procedure Collective Agreements Sectoral Determination Refusal to Bargain Protected Strike Common Mistake Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

CONCOR PROJECTS (PTY) LTD t/a CONCOR OPENCAST MINING

Appellant

COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

Respondent

COMMISSIONER COMFORT MOKABANE NO

Respondent

ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION (AMCU)

Respondent

N TITANA & FURTHER RESPONDENTS

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether a collective agreement binds non-signatory trade unions under section 23(1)(d) of the LRA.
  2. 2 Whether a sectoral determination constitutes a collective agreement for purposes of binding non-parties.
  3. 3 Whether the settlement agreement was invalid due to a common mistake.

Ratio Decidendi

The Labour Appeal Court held that the collective agreement negotiated at sectoral level does not bind non-signatory unions such as AMCU under section 23(1)(d) of the LRA, as AMCU's members were not identified in the agreement and the agreement did not expressly bind them. Sectoral determinations, promulgated under the BCEA, are distinct from collective agreements and only set minimum terms and conditions of employment, not precluding employees from bargaining for better terms. The settlement agreement was invalid due to a common mistake regarding the legal effect of the sectoral determination, and it would be unfair to deny AMCU and its members their constitutional right to strike based...

Court Disposition

Appeal dismissed with costs, including costs of two counsel. The Labour Court's order is amended to clarify that only paragraphs 2.2 and 2.3.1 of the rule nisi are confirmed; the rest are discharged.

Orders

  • The appeal is dismissed with costs, including the costs occasioned by the employment of two counsel.
  • The order of the Labour Court is amended to state: 'Therefore only paragraphs 2.2 and 2.3.1 of the rule nisi are confirmed, the rest of the paragraphs are discharged.'