Johannesburg - The Labour Minister has hailed the failed court bid by the Free Market Foundation (FMF) against sections of the Labour Relations Act as a “victory for collective bargaining in SA”.
The foundation wanted the court to amend section 32 of the Act which provides the minister the powers to extend collective bargaining agreements to non-parties.
Although their case was dismissed by the Pretoria High Court on Wednesday, the foundation said it considered it a win as it had clarified the other laws that should be considered in the extension of such agreements.
Minister Mildred Oliphant also said the court ruling would bring certainty to the current system of collective bargaining and would reassure all parties that extensions of collective agreements are legitimate.
“The judgment finds that the Labour Relations Act is not inconsistent with the Constitution and that it contains adequate provisions to satisfy administrative justice. This is a significant finding in the context of a number of challenges over the past few years to the extension of collective agreements by the Minister at the request of Bargaining Councils,” said the Minister in a statement.
She further stated she hoped all parties to collective bargaining would reflect on the judgment in the FMF case to strengthen the system in the country.
Labour Bureau