CSS Tactical Pty (Ltd) v SOCRAWU (JA 69/14)
CSS Tactical Pty (Ltd) v SOCRAWU (JA 69/14) [2015] ZALAC 88 (24 June 2015)
The Labour Appeal Court held that the Framework Agreement and Memorandum of Agreement did not regulate or preclude bargaining at company level on the remaining demands listed in the strike notice, specifically travelling allowance and payment for attending court as witnesses. The appellant failed to prove that these issues had been tabled, traded off, or negotiated at the national forum, and thus clause 8.5 did not apply. Clause 12 of the Memorandum, while generally reserving bargaining for the national forum, was not all-encompassing and did not clearly exclude the disputed demands from comp…
Source excerpt
- Protected Strike
- Collective Bargaining
- Interpretation Of Collective Agreement
- Limitations On Right To Strike
- Framework Agreement
- Company Level Bargaining