National Textile Bargaining Council v De Kock NO and Others (C 431/2011) [2013] ZALCCT 37; (2014) 35 ILJ 1017 (LC) (18 October 2013)

National Textile Bargaining Council v De Kock NO and Others (C 431/2011) [2013] ZALCCT 37; (2014) 35 ILJ 1017 (LC) (18 October 2013)

The Labour Court found that the commissioner failed to properly interpret the registered scope of the applicant bargaining council and did not conduct the required two-phase enquiry, which includes consideration of collective bargaining structures and socio-economic factors. The commissioner treated the absence of ribbon manufacturing as decisive, failed to consider whether Basic Trim's activities constituted making up and finishing a textile product, and did not allow the applicant to call a relevant witness. The commissioner also neglected to exercise discretion to invite public comment under section 62(7) of the LRA, despite the substantial importance of the matter. As a result, the...

Citation
[2013] ZALCCT 37
Parties
Applicant: National Textile Bargaining Council; Respondent: C De Kock N.O.; Respondent: Statutory Council of the Printing, Newspaper and Packaging Industry of South Africa; Respondent: Basic Trim CC; Respondent: CCMA
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
18 October 2013
Case Number
C 431/2011
Procedural Posture
Review Application / Judgment
Outcome
Demarcation award reviewed and set aside; matter remitted to CCMA for consideration afresh by a different commissioner.
Judges
Anton Steenkamp
Legal Topics
Demarcation Award, Collective Bargaining Structures, Scope of Bargaining Council, Review of Ccma Award, Social Policy Considerations
Labour Law Administrative Law Demarcation Award Collective Bargaining Structures Scope of Bargaining Council Review of Ccma Award Social Policy Considerations

Case Brief

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Parties

National Textile Bargaining Council

Applicant

C De Kock N.O.

Respondent

Statutory Council of the Printing, Newspaper and Packaging Industry of South Africa

Respondent

Basic Trim CC

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner properly interpreted the registered scope of the applicant bargaining council.
  2. 2 Whether Basic Trim CC falls under the textile industry or the printing industry for bargaining council purposes.
  3. 3 Whether the commissioner failed to consider relevant social policy and collective bargaining structures.

Ratio Decidendi

The Labour Court found that the commissioner failed to properly interpret the registered scope of the applicant bargaining council and did not conduct the required two-phase enquiry, which includes consideration of collective bargaining structures and socio-economic factors. The commissioner treated the absence of ribbon manufacturing as decisive, failed to consider whether Basic Trim's activities constituted making up and finishing a textile product, and did not allow the applicant to call a relevant witness. The commissioner also neglected to exercise discretion to invite public comment under section 62(7) of the LRA, despite the substantial importance of the matter. As a result, the...

Court Disposition

Demarcation award reviewed and set aside; matter remitted to CCMA for consideration afresh by a different commissioner.

Orders

  • The demarcation award is reviewed and set aside.
  • The matter is remitted to the CCMA for consideration afresh by a commissioner other than the first respondent.