Unitrans Fuel And Chemical (Pty) Ltd v Transport And Allied Workers Union of South Africa and Another (J1633/10) [2010] ZALCJHB 370 (15 September 2010)

Unitrans Fuel And Chemical (Pty) Ltd v Transport And Allied Workers Union of South Africa and Another (J1633/10) [2010] ZALCJHB 370 (15 September 2010)

The court found that there were reasonable prospects that a court on appeal may determine that the first three demands raised by the union—wage discrepancies, wage cuts, and coupling—constituted substantive issues as defined in the main collective agreement. These issues are subject to negotiation only at council...

Source-derived case information.

Citation
[2010] ZALCJHB 370
Parties
Applicant: Unitrans Fuel And Chemical (Pty) Ltd; Respondent: Transport And Allied Workers Union of South Africa; Respondent: National Bargaining Council for the Road Freight Industry
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2010
Case Number
J1633/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interdict Application
Outcome
Leave to appeal against the order made on 3 September 2010 is granted, with costs to be costs in the appeal.
Judges
Van Niekerk
Legal Topics
Protected Strike, Collective Agreement Interpretation, Limitations on Strike Action, Urgent Interdict, Jurisdiction of Bargaining Council
Labour Law Civil Procedure Protected Strike Collective Agreement Interpretation Limitations on Strike Action Urgent Interdict Jurisdiction of Bargaining Council

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Summary, issues, holding and outcome

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Parties

Unitrans Fuel And Chemical (Pty) Ltd

Applicant

Transport And Allied Workers Union of South Africa

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interdict Application

Legal Issues

  1. 1 Whether the intended strike by the union was unprotected due to substantive limitations in section 65 of the Labour Relations Act.
  2. 2 Whether the demands raised by the union constituted 'substantive issues' as defined in the main collective agreement and were precluded from plant-level negotiation.
  3. 3 Whether the union's demand regarding the administration of the provident fund was a legitimate issue for strike action.

Ratio Decidendi

The court found that there were reasonable prospects that a court on appeal may determine that the first three demands raised by the union—wage discrepancies, wage cuts, and coupling—constituted substantive issues as defined in the main collective agreement. These issues are subject to negotiation only at council level and are precluded from forming the basis of a protected strike under section 65(1)(a) and (3)(a) of the Labour Relations Act. The applicant's reliance on these provisions was foreshadowed in the founding affidavit, and the main agreement, which is binding and published in the Government Gazette, supports the applicant's position. The demand regarding the administration of...

Court Disposition

Leave to appeal against the order made on 3 September 2010 is granted, with costs to be costs in the appeal.

Orders

  • Leave to appeal is granted against the order made on 3 September 2010.
  • Costs to be costs in the appeal.