Association of Mineworkers and Construction Union (AMCU) v UASA – The Union and Others

AMCU, the majority union at Western and Eastern Platinum’s Marikana operations, concluded an agency shop agreement with the employer on 24 April 2019 in terms of section 25 of the Labour Relations Act 66 of 1995 (LRA). The agreement provided for the deduction of an agency fee from all employees in the bargaining unit. Clause 7.1 stated that employees who are not members of any trade union would not be compelled to join AMCU. Rival unions (UASA, Solidarity and NUM) challenged the validity of the agreement, contending that it failed to comply with section 25(3)(a) of the LRA because it did not expressly protect employees who were members of other unions from being compelled to join AMCU. The Labour Court declared the agreement invalid and unenforceable, interdicted deductions, and ordered refunds. AMCU appealed.

The appeal was dismissed with costs. The Labour Court’s order declaring the agency shop agreement invalid and unenforceable, interdicting deductions, and ordering refunds was confirmed.

The judgment clarifies the strict and mandatory nature of compliance with section 25(3)(a) of the LRA for agency shop agreements. It affirms that Labour Courts have jurisdiction to determine the validity of collective agreements where statutory compliance is challenged, distinguishing such disputes from interpretation and application disputes under section 24 of the LRA.