South African Local Government Bargaining Council Collective Agreement

[17] If it is intended to replace Section 32, it is manifestly contrary to the mandatory requirements of Section 32(71)(3) of the DSA does not provide for: (a) written extension and (b) approval at a meeting of the Bargaining Board. The RFPs in clause 4.2 acknowledge the provisions of section 32. Section 210 of the LRA provides that in the event of a conflict that that jurisdiction does not respect in the present case, with respect to matters dealt with in the LRA, between the LRA and the provisions of another law other than the Constitution or a law that expressly amends the LRA, the provisions of the ARA take precedence. It is also for this reason that the provisions of Article 32 take precedence. In this regard, the arbitrator correctly found that section 32 of the LRA applied and that its provisions were not met for the terms of the collective agreement to apply to MATUSA and its members. [2] In February 2018, a collective agreement (called the disciplinary procedure (DP) was concluded within the South African Local Bargaining Council (SALGA); Independent Municipal and Allied Trade Union (IMATU) and South African Municipal Workers Union (SAMWU). Suffice it to mention that these parties are members of SALGBC. There has been a dispute over the interpretation and application of Article 15 of the EP. A non-party, MATUSA, referred the dispute to SALGBC on 6 August 2018.

The second respondent was appointed to resolve the dispute through arbitration. In the transfer, MATUSA did not join IMATU; SAMWU and SALGA for the dispute. MatUSA applied for membership, but was rejected by the second respondent on August 28, 2018.[4] 1. A collective agreements council may request in writing the Minister to extend a collective agreement concluded within the collective agreements council to all non-contracting parties to the collective agreement that are within its registered scope and that are mentioned in the application, where, at a meeting of the collective agreements committee, one of the essential tasks of salgbc is to manage disputes referred to the Council. Disputes are handled at divisional level and/or within the Central Council. Disputes, such as unjustified dismissals, unfair labour practices, are referred to the competent Regional Secretary of the Division and to the competent regional offices. As regards the interpretation or application of a collective agreement concluded at the level of the Central Council, it must be referred to the Secretary-General. .