NUM and Another v Sylco Plant Hire Association and Others (C390/2016) [2017] ZALCCT 13; (2017) 38 ILJ 2346 (LC) (25 April 2017)

NUM and Another v Sylco Plant Hire Association and Others (C390/2016) [2017] ZALCCT 13; (2017) 38 ILJ 2346 (LC) (25 April 2017)

The Labour Court held that the commissioner acted reasonably in limiting the scope of the dispute to plant operators hired out with equipment to the civil engineering industry, as this was consistent with the union's own concessions and the Bargaining Council's communications. The commissioner correctly applied the legal test by focusing on the association between Sylco and its employees, finding that their primary purpose was to provide a rental service across various industries, not to conduct civil engineering work. The court found that the commissioner’s interpretation of the industry definition and exclusion of certain activities was reasonable. The award was sent to NEDLAC and...

Citation
[2017] ZALCCT 13
Parties
Applicant: NUM; Applicant: BCCEI; Respondent: SYLCO PLANT HIRE (PTY) LTD; Respondent: CONTRACTORS PLANT HIRE ASSOCIATION; Respondent: CCMA; Respondent: D I K WILSON N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
25 April 2017
Case Number
C390/2016
Procedural Posture
Review Application / Judgment on Review of Demarcation Award
Outcome
The application for review is dismissed. Costs are awarded against the applicants, jointly and severally.
Judges
Steenkamp
Legal Topics
Demarcation Dispute, Collective Bargaining, Review of Arbitration Award, Costs Award, Scope of Bargaining Council
Labour Law Civil Procedure Demarcation Dispute Collective Bargaining Review of Arbitration Award Costs Award Scope of Bargaining Council

Case Brief

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Parties

NUM

Applicant

BCCEI

Applicant

SYLCO PLANT HIRE (PTY) LTD

Respondent

CONTRACTORS PLANT HIRE ASSOCIATION

Respondent

CCMA

Respondent

D I K WILSON N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Demarcation Award

Legal Issues

  1. 1 Whether Sylco Plant Hire (Pty) Ltd and its employees fall within the jurisdiction of the Bargaining Council for the Civil Engineering Industry.
  2. 2 Whether the arbitration award by the commissioner is reviewable under the Labour Relations Act.
  3. 3 Whether the commissioner applied the correct legal test in determining the scope of the industry definition.

Ratio Decidendi

The Labour Court held that the commissioner acted reasonably in limiting the scope of the dispute to plant operators hired out with equipment to the civil engineering industry, as this was consistent with the union's own concessions and the Bargaining Council's communications. The commissioner correctly applied the legal test by focusing on the association between Sylco and its employees, finding that their primary purpose was to provide a rental service across various industries, not to conduct civil engineering work. The court found that the commissioner’s interpretation of the industry definition and exclusion of certain activities was reasonable. The award was sent to NEDLAC and...

Court Disposition

The application for review is dismissed. Costs are awarded against the applicants, jointly and severally.

Orders

  • The application for review is dismissed.
  • The applicants are ordered to pay the first respondent’s costs, jointly and severally.