South African Municipal Workers Union and Another v Ethekweni Municipality and Another (D476/07) [2007] ZALCD 6 (26 September 2007)

South African Municipal Workers Union and Another v Ethekweni Municipality and Another (D476/07) [2007] ZALCD 6 (26 September 2007)

The Labour Court found that it has jurisdiction to determine the validity of the divisional collective agreement, as the dispute is not about the interpretation or application of a valid agreement but rather its validity ab initio. The agreement exceeded the powers delegated to the division by the Bargaining Council...

Source-derived case information.

Citation
[2007] ZALCD 6
Parties
Applicant: South African Municipal Workers Union; Applicant: Independent Municipal Allied Union; Respondent: Ethekweni Municipality; Respondent: South African Local Government Bargaining Council
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
26 September 2007
Case Number
D476/07
Procedural Posture
Urgent Application / Final Determination After Opposed Hearing
Outcome
The collective agreement on Divisional conditions of service dated 29 March 2007 is declared null and void and of no legal force or effect. No order as to costs.
Judges
G N Moshoana
Legal Topics
Collective Agreement Validity, Jurisdiction of Labour Court, Ultra Vires, Interdict, Declaratory Relief
Labour Law Civil Procedure Collective Agreement Validity Jurisdiction of Labour Court Ultra Vires Interdict Declaratory Relief

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Summary, issues, holding and outcome

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Parties

South African Municipal Workers Union

Applicant

Independent Municipal Allied Union

Applicant

Ethekweni Municipality

Respondent

South African Local Government Bargaining Council

Respondent

Procedural Posture

Urgent Application / Final Determination After Opposed Hearing

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to declare a divisional collective agreement void.
  2. 2 Whether the divisional agreement exceeded powers delegated by the Bargaining Council.
  3. 3 Whether the agreement is ultra vires and void ab initio.

Ratio Decidendi

The Labour Court found that it has jurisdiction to determine the validity of the divisional collective agreement, as the dispute is not about the interpretation or application of a valid agreement but rather its validity ab initio. The agreement exceeded the powers delegated to the division by the Bargaining Council and contravened mandatory provisions of the Constitution and Bargaining Levels Agreement. The agreement dealt with matters reserved for the central council and not delegated to the division. The absence of a tender of restitution does not bar the relief, as restitution only arises if the agreement is found valid. The plea of lis pendens fails because the dispute before the...

Court Disposition

The collective agreement on Divisional conditions of service dated 29 March 2007 is declared null and void and of no legal force or effect. No order as to costs.

Orders

  • The collective agreement on Divisional conditions of service dated 29 March 2007 is hereby declared null and void and of no legal force and effect.
  • No order as to costs.