MRL 3702 – LABOUR LAW
QUESTION 1
Power To Workers (‘PTW’), is a majority trade union representing workers at
Genuine Platinum (Pty) Ltd (‘GP’). In 2021, PTW and GP concluded a collective
agreement (threshold agreement) which set the level of representation to be met by
trade unions which seek to acquire organisational rights within GP. Platinum
Employees Association (‘PEA’) is one of the minority trade unions which on a
number of occasions made attempts to acquire organisational rights within GP,
without success.
Discuss whether the threshold agreement can be disregarded by a CCMA
commissioner in favor of PEA, if there is an organisational rights dispute between
PEA and GP
Section 213 of the Labour Relations Act 66 of 1995 (hereinafter referred to as LRA),
defines a collective agreement as ‘a written agreement concerning terms and conditions
of employment or any other matter of mutual interest concluded by one or more registered
trade unions, on the one hand and, on the other hand –
(a) one or more employers.
(b) one or more registered employers’ organisations; or,
(c) one or more employers and one or more registered employers’ organisations.’ 1
1 Labour Relations Act 66 of 1995 sec213.
QUESTION 1
Power To Workers (‘PTW’), is a majority trade union representing workers at
Genuine Platinum (Pty) Ltd (‘GP’). In 2021, PTW and GP concluded a collective
agreement (threshold agreement) which set the level of representation to be met by
trade unions which seek to acquire organisational rights within GP. Platinum
Employees Association (‘PEA’) is one of the minority trade unions which on a
number of occasions made attempts to acquire organisational rights within GP,
without success.
Discuss whether the threshold agreement can be disregarded by a CCMA
commissioner in favor of PEA, if there is an organisational rights dispute between
PEA and GP
Section 213 of the Labour Relations Act 66 of 1995 (hereinafter referred to as LRA),
defines a collective agreement as ‘a written agreement concerning terms and conditions
of employment or any other matter of mutual interest concluded by one or more registered
trade unions, on the one hand and, on the other hand –
(a) one or more employers.
(b) one or more registered employers’ organisations; or,
(c) one or more employers and one or more registered employers’ organisations.’ 1
1 Labour Relations Act 66 of 1995 sec213.
