Concor Projects (Pty) Ltd t/a Concor Opencast Mining v CCMA (JA35/2013) [2014] ZALAC 33; [2014] 6 BLLR 534 (LAC); (2014) 35 ILJ 1959 (LAC) (13 February 2014)

LAC summary: Binding effect of a collective agreement to non-signatories trade unions – requirements restated- respondent’s members not identified in the collective agreement- requirement not met- distinction between collective agreement and sectoral determination – sectoral determination not a collective agreement- employees entitled to bargain higher wages than those provided in the sectoral determination.  Appeal dismissed with costs.

Heard:             19 November 2013     Delivered:       13 February 2014


[1]        This appeal – which is brought with the leave of this Court – is against the judgment of the Labour Court (Lagrange J).

[2]        On 17 October 2012, the appellant sought and was granted interim relief, on an urgent basis, by Bhoola J to the following effect:

‘2.        A rule nisi is issued calling upon the respondents to show cause, on the 15th November 2012 at 10:00 or soon thereafter, why a final order should not be granted in the following terms:-

2.1       Reviewing and setting aside the certificate of outcome (LRA Form 7.12) issued by the second respondent under the auspices of the first respondent on 9 October 2012 under case number MP5994 – 12;

2.2       Declaring the strike which commenced at approximately 17h00 on 15 October 2012 to be unprotected and unlawful;

2.3       Interdicting and restraining the fourth to further respondents who are members of the third respondent from

2.3.1    Participating in the strike referred to in paragraph 2.2 above;

2.3.2    Engaging in various acts of misconduct and violence whilst participating in the said strike;

2.3.3    Preventing other employees of the Applicant from tendering their services in terms of their contracts of employment;

2.3.4    Intimidating, harassing or threatening the safety of and/or property of the Applicant or any other person in the Applicant’s employ or furthering the Applicant’s business who is not participating in the strike;

2.3.5    Victimising and/or inciting any non-striking employees to join the said strike and/or to engage in acts of misconduct and violence in furtherance of the strike;

2.3.6    Damaging and/or destroying any Company property, including setting fire to company and private vehicles;

2.3.7    Using insulting, inflammatory and defamatory language against members of the Applicant’s management through phone calls, strike banners and placards;

2.3.8    Carrying dangerous weapons to intimidate and/or threaten and/or incite any non-striking employees and members of the Applicant whilst protesting;

2.3.9    Being within a 5km radius or distance suitable determined by the Honourable Court of the Vlakfontein site of the Applicant and/or not being allowed, within the context of this prayer, within any gate or access route of the Applicant;

2.3.10  Obstructing vehicles and persons from entering and leaving the Applicant’s Vlakfontein premises;’