The Applicant alleged that the demands submitted by the Union were 'unfair and unreasonable' as the dispute was regulated by the Metal & Engineering Industries Bargaining Council's (MEIBC) main agreement and a strike settlement agreement concluded between the Applicant and the Union in December 2012 (agreements). The applicant contended that the Union's demands were governed by the agreements and consequently could not form the subject matter of a strike.
In the alternative, the Applicant submitted that the subject of the Union's demands did not constitute 'matters of mutual interest' for the purposes of the definition of a 'strike', as set out in s213 of the Labour Relations Act, No 66 of 1995 (LRA).
The Union's demands were set out as follows:
In finding that all of the Union's demands, apart from the provision of transport to employees were lawful and thus 'matters of mutual interest', Judge Van Niekerk assessed the history of the phrase 'matters of mutual interest', pronouncing that in its current form, the phrase is employed to "ultimately define the scope of collective bargaining under the LRA, the statutory dispute resolution system, and the scope of legitimate industrial action".
An interesting part of the matter concerned was the Applicant's submission that for a matter to be a matter of mutual interest, it must amongst other things, "be a matter in the interest of both the employer and employee, and must concern the common good of the enterprise".
Judge Van Niekerk found the Applicants' proposition on this point to be fundamentally flawed for the following reasons:
This judgment clarifies a commonly mistaken belief amongst employers and trade unions alike. Although the position may vary as leave to appeal has been granted, the scope of the phrase 'matters of mutual interest' is currently such that the interests of the enterprise are irrelevant.