Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16)
Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/16) [2017] ZALCJHB 89; (2017) 38 ILJ 2081 (LC) (10 March 2017)
The Labour Court found that the MEIBC's decision to request the Minister to extend the Registration and Administration Expenses Collective Agreement to non-parties did not comply with the jurisdictional requirements of section 32(1)(b) of the LRA. The employer organisations voting in favour represented, at best, only 36% of the employees employed by members of employer parties to the Council, falling short of the required majority. The purported submission of additional resolutions did not constitute valid votes at the meeting as required by the statute and the Council's constitution. The dec…
Source excerpt
- Extension Of Collective Agreements
- Jurisdictional Facts
- Administrative Action
- Ripeness
- Review Under Lra
- Majoritarian Requirement