UASA - Union and Another v Anglo American Platinum Ltd and Others (J2584/16) [2016] ZALCJHB 425 (7 November 2016)

UASA - Union and Another v Anglo American Platinum Ltd and Others (J2584/16) [2016] ZALCJHB 425 (7 November 2016)

The court held that the recognition agreement (ERRA) does not require absolute consensus or signatures from all parties for a collective agreement to be validly concluded in the Central Bargaining Forum. The act of signing is confirmatory, not deliberative. Once a dispute is declared and the CBF process breaks down, ERRA does not prohibit the resolution of disputes or the conclusion of agreements outside the CBF. The extension of the wage agreement to non-signatory unions' members is permitted under section 23(1)(d) of the Labour Relations Act, which binds non-members to the terms of a majority agreement. The applicants failed to demonstrate a clear right to have the wage agreement set...

Citation
[2016] ZALCJHB 425
Parties
Applicant: UASA – THE UNION; Applicant: THE NATIONAL UNION OF MINEWORKERS; Respondent: ANGLO AMERICAN PLATINUM LTD; Respondent: THE ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION (AMCU); Respondent: SIBANYE RUSTENBURG PLATINUM MINES (PTY) LTD; Respondent: NATIONAL UNION OF METAL WORKERS OF SOUTH AFRICA (NUMSA); Respondent: TRANSPORT AND ALLIED WORKERS UNION OF SOUTH AFRICA (TAWUSA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 November 2016
Case Number
J2584/16
Procedural Posture
Urgent Application / Final Relief Sought on Urgent Basis
Outcome
Application dismissed.
Judges
Lagrange
Legal Topics
Collective Bargaining, Extension of Collective Agreement, Dispute Resolution, Jurisdiction of Labour Court
Labour Law Civil Procedure Collective Bargaining Extension of Collective Agreement Dispute Resolution Jurisdiction of Labour Court

Case Brief

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Parties

UASA – THE UNION

Applicant

THE NATIONAL UNION OF MINEWORKERS

Applicant

ANGLO AMERICAN PLATINUM LTD

Respondent

THE ASSOCIATION OF MINEWORKERS AND CONSTRUCTION UNION (AMCU)

Respondent

SIBANYE RUSTENBURG PLATINUM MINES (PTY) LTD

Respondent

NATIONAL UNION OF METAL WORKERS OF SOUTH AFRICA (NUMSA)

Respondent

TRANSPORT AND ALLIED WORKERS UNION OF SOUTH AFRICA (TAWUSA)

Respondent

Procedural Posture

Urgent Application / Final Relief Sought on Urgent Basis

Legal Issues

  1. 1 Whether the wage agreement concluded between Anglo American Platinum Ltd and AMCU was unlawful for not being signed by all parties to the Central Bargaining Forum.
  2. 2 Whether the extension of the wage agreement to non-signatory unions' members was unlawful.
  3. 3 Whether the dispute resolution procedures under the recognition agreement (ERRA) were properly exhausted before the wage agreement was imposed.

Ratio Decidendi

The court held that the recognition agreement (ERRA) does not require absolute consensus or signatures from all parties for a collective agreement to be validly concluded in the Central Bargaining Forum. The act of signing is confirmatory, not deliberative. Once a dispute is declared and the CBF process breaks down, ERRA does not prohibit the resolution of disputes or the conclusion of agreements outside the CBF. The extension of the wage agreement to non-signatory unions' members is permitted under section 23(1)(d) of the Labour Relations Act, which binds non-members to the terms of a majority agreement. The applicants failed to demonstrate a clear right to have the wage agreement set...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order is made as to costs.