“A further indication of the distinction between bargaining council collective agreements and those collective agreements governed by section 23 of the LRA is that the former are clothed with statutory enforcement mechanisms, as provided for in section 33A. In my judgment therefore, a bargaining council collective agreement is a collective agreement of a special type, which cannot ‘morph’ into a section 23 collective agreement when the agreement in question is found to be non-compliant with the bargaining council’s constitution. In that scenario the parties to such an agreement would have no powers to enforce it across a sector invalidating the inherent purpose of the conclusion of a collective agreement in a bargaining council”.
Rabkin-Naicker J in City of Cape Town v Independent Municipal & Allied Workers Union (C884/2014) [2015] ZALCCT 58 (17 September 2015) at para [15].