Collective agreement validly extended to Amcu, Constitutional Court finds
A collective agreement between the Chamber of Mines and the majority trade unions in the gold mining sector is also binding on members of the Association of Mineworkers and Construction Union (Amcu)‚ even though the union had majority representation only at certain individual mines. The crucial issue argued before the Constitutional Court on Tuesday was whether a "workplace" in the statutory provision referred to each individual mining operation or all the mining operations of each mining company‚ taken together. If each individual mine was a "workplace" under the statute‚ then Amcu had majority representation and would not be bound by the agreement. But if the workplace was each mining organisation as a whole‚ with individual mines included‚ then Amcu was a minority union and was bound by the terms of the agreement‚ one of which prohibited striking while the agreement was in force. The Constitutional Court held that the agreement was validly extended to Amcu members at the five Amc...
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