Apollo Tyres South Africa (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) and Others (D68/12) [2012] ZALCD 20 (15 February 2012)

Apollo Tyres South Africa (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) and Others (D68/12) [2012] ZALCD 20 (15 February 2012)

The court held that the collective agreement, in writing, applied only to employees in the truck and radial tyre department. Its oral extension to other employees did not meet statutory requirements for a collective agreement and thus did not alter their terms and conditions of employment. For those covered by the agreement, clause 12 expressly allowed the applicant to discontinue or modify the shift system after consultation to meet operational requirements. The applicant had complied with its consultation obligations. Therefore, the change to shift patterns did not constitute a unilateral change to terms and conditions of employment for employees outside the truck and radial tyre...

Citation
[2012] ZALCD 20
Parties
Applicant: Apollo Tyres South Africa (Pty) Ltd; Respondent: National Union of Metalworkers of South Africa (NUMSA); Respondent: Employees employed at Apollo Tyres SA (Pty) Ltd (Durban Factory)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
15 February 2012
Case Number
D68/12
Procedural Posture
Urgent Application / Application for Interdict and Declarator
Outcome
Application granted. The applicant's change to shift patterns was lawful and respondents are interdicted from striking until compliance with section 64 of the Labour Relations Act.
Judges
D H Gush
Legal Topics
Collective Agreement, Unilateral Change to Terms, Managerial Prerogative, Operational Requirements, Strike Interdict, Section 64 Lra
Labour Law Civil Procedure Collective Agreement Unilateral Change to Terms Managerial Prerogative Operational Requirements Strike Interdict Section 64 Lra

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Parties

Apollo Tyres South Africa (Pty) Ltd

Applicant

National Union of Metalworkers of South Africa (NUMSA)

Respondent

Employees employed at Apollo Tyres SA (Pty) Ltd (Durban Factory)

Respondent

Procedural Posture

Urgent Application / Application for Interdict and Declarator

Legal Issues

  1. 1 Does the proposed change to shift patterns constitute a unilateral change to terms and conditions of employment.
  2. 2 Is the regulation of shift patterns a matter of managerial prerogative or a contractual term.
  3. 3 Does the collective agreement, as orally extended, bind employees outside the truck and radial tyre department.

Ratio Decidendi

The court held that the collective agreement, in writing, applied only to employees in the truck and radial tyre department. Its oral extension to other employees did not meet statutory requirements for a collective agreement and thus did not alter their terms and conditions of employment. For those covered by the agreement, clause 12 expressly allowed the applicant to discontinue or modify the shift system after consultation to meet operational requirements. The applicant had complied with its consultation obligations. Therefore, the change to shift patterns did not constitute a unilateral change to terms and conditions of employment for employees outside the truck and radial tyre...

Court Disposition

Application granted. The applicant's change to shift patterns was lawful and respondents are interdicted from striking until compliance with section 64 of the Labour Relations Act.

Orders

  • The new shift patterns set out in annexure A do not constitute a change to the terms and conditions of those respondents not employed in the truck and radial tyre department.
  • For respondents employed in the truck and radial tyre department, the change to shift patterns was in accordance with the collective agreement regulating their terms and conditions of employment.