Annoyed by the labour tribunal`s findings, the Commissioner appealed to the Labour Appeal Court (LAC). The LAC found that the Commissioner`s decision was legal and legal, as she had personally reviewed the complaint and was nevertheless entitled by law to delegate her powers. It also found that Mokgatlha was bound by the collective transfer agreement. The LAC justified this decision by the fact that the collective agreement is valid within the meaning of section 213 of the LRA and is therefore binding on Mokgatlha under Section 23 (1) (b) of the LRA. In addition, the LAC found that this was a consequence of a union in which one is willing to give its rights and to entrust that union with the conclusion of advantageous agreements on its behalf. Therefore, a collective agreement cannot be reviewed because it can be assumed that the union has been given a mandate from all its members to enter into the contract. However, the LAC raised the issue that if Mokgatlha had been a multi-party member, it could have challenged the transfer because it was not bound by the collective agreement. The application of collective agreements by this bargaining council, like any other, is governed by Section 33A of the Labour Relations Act. Section 33 of the Labour Relations Act provides for the appointment of designated officers to a bargaining council to promote, control and enforce collective agreements within the Board.
As a result, the Legal Director and the Compliance Inspector, along with some other Council staff, were appointed by the Ministry of Labour to perform these tasks. The unions concerned, including NUPSAW, expressed satisfaction with the methodology that provided workers with three privileged sites, only one of which was given to them; And most of the employees chose Gauteng. It was customary for not all employees to be accommodated on their preferred sites. A collective agreement has been reached with the unions. In summary, the LAC finds that a collective agreement concluded by a union is binding on all its members and cannot be reviewed and cancelled by a worker who is a member of the union that is a party to the collective agreement. If a worker does not act under the agreement, whether it is a transfer or another, he or she is able to terminate the employer`s employment contract. Workers should be cautious about how their unions agree and what they agree on.