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The future of the extension of bargaining council agreements
According to Faan Coetzee, director at Cliffe Dekker Hofmeyr: “The Confederation of Associations in the private employment sector, with other parties, are applying to court to declare this section unconstitutional. The Motor Industry Bargaining Council, minister of labour, Numsa and the employer organisations who are parties to the council are opposing the application.”
Coetzee notes that the case holds implications for all bargaining councils. The extension of their agreements is important to the councils and if the application is successful all the bargaining councils whose agreements have been extended will be affected.
“In an earlier case, the court held that the extension of such an agreement is unlawful as the extension did not comply with the prescribed requirements of s32. This is the first opportunity for the court to consider the constitutionality of s32,” he adds.
