UASA and Another v BHP Billiton Energy Coal South Africa Ltd and Another (J354/13) [2013] ZALCJHB 26; [2013] 6 BLLR 602 (LC); (2013) 34 ILJ 2118 (LC) (5 March 2013)

UASA and Another v BHP Billiton Energy Coal South Africa Ltd and Another (J354/13) [2013] ZALCJHB 26; [2013] 6 BLLR 602 (LC); (2013) 34 ILJ 2118 (LC) (5 March 2013)

The Labour Court found that the main dispute concerns the lawfulness of the termination or non-compliance with a collective agreement, which is a matter for arbitration under section 24 of the LRA. The settlement agreement between BECSA and the coalition, made an arbitration award and certified, remains binding on BECSA and cannot be unilaterally overridden by a new threshold agreement with NUM as long as the award stands. The Court held that it only has jurisdiction to grant interim relief pending the outcome of CCMA arbitration. The applicants established a prima facie right to interim relief, as BECSA is bound by the certified award and cannot enforce new thresholds against the...

Citation
[2013] ZALCJHB 26
Parties
Applicant: UASA; Applicant: AMCU; Respondent: BHP Billiton Energy Coal South Africa Ltd; Respondent: National Union of Mineworkers
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2013
Case Number
J354/13
Procedural Posture
Urgent Application / Interim Relief Application Before Labour Court Pending Arbitration
Outcome
Interim interdict granted; respondents restrained from implementing the 2013 threshold agreement pending CCMA arbitration.
Judges
Steenkamp
Legal Topics
Organisational Rights, Collective Agreements, Thresholds of Representativeness, Interim Interdict, Jurisdiction of Ccma
Labour Law Civil Procedure Organisational Rights Collective Agreements Thresholds of Representativeness Interim Interdict Jurisdiction of Ccma

Case Brief

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Parties

UASA

Applicant

AMCU

Applicant

BHP Billiton Energy Coal South Africa Ltd

Respondent

National Union of Mineworkers

Respondent

Procedural Posture

Urgent Application / Interim Relief Application Before Labour Court Pending Arbitration

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant final relief or only interim relief pending CCMA arbitration.
  2. 2 Whether the 2013 threshold agreement between BECSA and NUM is valid and enforceable against the minority unions.
  3. 3 Whether the certified settlement agreement and 2005 threshold agreement remain binding on BECSA.

Ratio Decidendi

The Labour Court found that the main dispute concerns the lawfulness of the termination or non-compliance with a collective agreement, which is a matter for arbitration under section 24 of the LRA. The settlement agreement between BECSA and the coalition, made an arbitration award and certified, remains binding on BECSA and cannot be unilaterally overridden by a new threshold agreement with NUM as long as the award stands. The Court held that it only has jurisdiction to grant interim relief pending the outcome of CCMA arbitration. The applicants established a prima facie right to interim relief, as BECSA is bound by the certified award and cannot enforce new thresholds against the...

Court Disposition

Interim interdict granted; respondents restrained from implementing the 2013 threshold agreement pending CCMA arbitration.

Orders

  • The respondents are interdicted and restrained from implementing the threshold agreement dated 30 January 2013 pending the outcome of the determination of the dispute about its application or validity by the CCMA or a private forum agreed upon by the parties.
  • No order as to costs.