UASA and Another v BHP Billiton Energy Coal Suth Africa Ltd and Another (J 354/13) [2013] ZALCJHB 26

5th March 2013

Summary: Urgent application – organisational rights – LRA s 18. Minority unions applying to interdict employer and majority union from changing thresholds for organisational rights in collective agreement. Earlier agreement between minority unions and employer made a CCMA award and certified in terms of LRA ss 142A and 143. Dispute about application of collective agreement to be decided by CCMA. Interim relief granted pending such determination.