UASA and Others v Western Platinum Limited and Others (J1338/19) [2019] ZALCJHB 158; (2019) 40 ILJ 2405 (LC); [2019] 11 BLLR 1283 (LC) (24 June 2019)

UASA and Others v Western Platinum Limited and Others (J1338/19) [2019] ZALCJHB 158; (2019) 40 ILJ 2405 (LC); [2019] 11 BLLR 1283 (LC) (24 June 2019)

The court found that the agency shop agreement between AMCU and Lonmin did not expressly provide that employees who are not members of AMCU are not compelled to become members of AMCU, as required by section 25(3)(a) of the LRA. The agreement only exempted employees who are not members of any trade union, failing to...

Source-derived case information.

Citation
[2019] ZALCJHB 158
Parties
Applicant: UASA on behalf of its members; Applicant: Solidarity on behalf of its members; Applicant: National Union of Mineworkers (NUM) on behalf of its members; Respondent: Western Platinum Limited; Respondent: Eastern Platinum Limited; Respondent: Association of Mineworkers and Construction Union (AMCU)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2019
Case Number
J1338/19
Procedural Posture
Urgent Application / Application for Urgent Declaratory and Interdictory Relief
Outcome
Application granted. The agency shop agreement is declared invalid and unenforceable. Respondents are interdicted from making deductions and ordered to refund deductions made.
Judges
Whitcher
Legal Topics
Agency Shop Agreement, Statutory Formality, Collective Agreement Interpretation, Freedom of Association, Refund of Deductions
Labour Law Agency Shop Agreement Statutory Formality Collective Agreement Interpretation Freedom of Association Refund of Deductions

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Parties

UASA on behalf of its members

Applicant

Solidarity on behalf of its members

Applicant

National Union of Mineworkers (NUM) on behalf of its members

Applicant

Western Platinum Limited

Respondent

Eastern Platinum Limited

Respondent

Association of Mineworkers and Construction Union (AMCU)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the agency shop agreement between AMCU and Lonmin complies with the statutory formalities required by section 25(3) of the LRA.
  2. 2 Whether the agency shop agreement is valid and enforceable.
  3. 3 Whether deductions made from non-AMCU members' wages under the agreement are lawful.

Ratio Decidendi

The court found that the agency shop agreement between AMCU and Lonmin did not expressly provide that employees who are not members of AMCU are not compelled to become members of AMCU, as required by section 25(3)(a) of the LRA. The agreement only exempted employees who are not members of any trade union, failing to include those who are members of minority unions. Relying on the Supreme Court of Appeal's decision in Greathead v SACCAWU, the court held that strict compliance with statutory formalities is required for agency shop agreements, and substantial compliance is insufficient. As the agreement did not meet these requirements, it was declared invalid and unenforceable. The court...

Court Disposition

Application granted. The agency shop agreement is declared invalid and unenforceable. Respondents are interdicted from making deductions and ordered to refund deductions made.

Orders

  • The Agency Shop Agreement concluded between the First to Third Respondents on 24 April 2019 is invalid and unenforceable.
  • The First and Second Respondents are interdicted from deducting any agency fee in favour of the Third Respondent from the wages of the Applicants’ members in terms of the said Agency Shop Agreement.