National Union of Construction Workers v Oranje Mynbou en Vervoer Maatskapy Beperk (J1204/99) [1999] ZALC 158 (22 October 1999)

National Union of Construction Workers v Oranje Mynbou en Vervoer Maatskapy Beperk (J1204/99) [1999] ZALC 158 (22 October 1999)

The court held that the settlement agreement in question constituted a collective agreement as defined in section 213 of the Labour Relations Act. Section 24(1) of the Act requires disputes about the application or interpretation of collective agreements to be resolved through conciliation and arbitration at the CCMA, not by the Labour Court. Section 158(1)(c) expressly excludes collective agreements from being made orders of court. Enforcement of a collective agreement, including in cases of breach, falls within the jurisdiction of the CCMA. The applicant's dispute regarding non-compliance with the agreement is a dispute about the application of a collective agreement and must be...

Citation
[1999] ZALC 158
Parties
Applicant: National Union of Construction Workers; Respondent: Oranje Mynbou en Vervoer Maatskapy Bpk
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 October 1999
Case Number
J1204/99
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court
Outcome
Application dismissed.
Judges
E Revelas
Legal Topics
Collective Agreement, Settlement Agreement, Enforcement of Agreements, Jurisdiction of Labour Court, Conciliation and Arbitration
Labour Law Collective Agreement Settlement Agreement Enforcement of Agreements Jurisdiction of Labour Court Conciliation and Arbitration

Case Brief

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Parties

National Union of Construction Workers

Applicant

Oranje Mynbou en Vervoer Maatskapy Bpk

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court

Legal Issues

  1. 1 Whether the Labour Court may make a settlement agreement that is a collective agreement an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether enforcement of a collective agreement falls within the jurisdiction of the Labour Court or the CCMA.
  3. 3 Whether the applicant is entitled to relief sought given the nature of the agreement and the parties involved.

Ratio Decidendi

The court held that the settlement agreement in question constituted a collective agreement as defined in section 213 of the Labour Relations Act. Section 24(1) of the Act requires disputes about the application or interpretation of collective agreements to be resolved through conciliation and arbitration at the CCMA, not by the Labour Court. Section 158(1)(c) expressly excludes collective agreements from being made orders of court. Enforcement of a collective agreement, including in cases of breach, falls within the jurisdiction of the CCMA. The applicant's dispute regarding non-compliance with the agreement is a dispute about the application of a collective agreement and must be...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.