The National Employers Association of SA (Neasa) represent about 23,000 small enterprises and is a member of the Metal and Engineering Bargaining Council (Meibc).   There is internal strife within the Meibc on the employer side.   As mentioned in Ruling expected on collective agreements  Neasa did apply to the Labour Court and was granted an interim interdict yesterday.   Pending the outcome of a further application to be heard on 4 November 2014, the Labour Court has interdicted and restrained the Meibc and its general secretary from requesting the Minister of Labour to extend the Meibc Main Collective Agreement to non-parties in terms of s 32 of the LRA.   The interim interdict is confined to any request based on any decision purportedly taken by the Meibc at its management committee meeting on 17 September 2014 and/or the balloted vote of the Meibc’s representatives concluded on 24 September 2014.

According to the order of the Labour Court issued yesterday Neasa will seek final relief on 4 November 2014 as follows:

1              Insofar as may be necessary, reviewing and setting aside:

  • any decision which the Meibc purportedly made, at its annual general meeting on 25 March 2014, to appoint a management committee;
  • any decision which the Meibc purported to take at its management committee meeting on 15 August 2014to:
    • ratify and or adopt the Meibc settlement agreement: 1 July 2014 to 30 June 2017 as a collective agreement of the Council of the Meibc (Resolution 1);
    • direct the general secretary to arrange for a vote of the Meibc’s representatives by way of ballot (Resolution 3);
  • any decision which the Meibc purported to take at its management committee meeting on 17 September 2014to:
    • ask the Minister of Labour to extend the Collective Main Agreement, incorporating the provisions of the 29 July 2014 Meibc Settlement Agreement and its annexes, to non-parties (Resolution 1);
    • direct the Meibc to take all steps necessary to request the Minister of Labour to extend that agreement (Resolutions 2 and 5).

2              Ordering any respondent(s) who oppose the relief sought herein to pay the costs of this application, including the costs of two counsel where are employed, jointly and severally the one paying the others to be absolved.

3              Granting Neasa further and/or alternative relief.