Motor Industry Staff Association v Macun NO & others

The Motor Industry Staff Association (MISA), a registered trade union, brought an application in the Gauteng Division of the High Court to review and set aside decisions by the Director: Collective Bargaining in the Department of Labour to extend the Motor Industry Bargaining Council’s Main Collective Agreement and Administrative Collective Agreement to non-parties under s 32(6) of the Labour Relations Act 66 of 1995 (LRA). MISA contended that the prior collective agreements had lapsed and could not lawfully be ‘revived’ or extended, rendering the Minister’s decisions ultra vires and invalid. The Motor Industry Bargaining Council raised a point in limine that the High Court lacked jurisdiction, arguing that the matter fell within the exclusive jurisdiction of the Labour Court. The High Court upheld the jurisdictional objection and dismissed the application, prompting an appeal to the Supreme Court of Appeal.

The appeal was dismissed with costs, confirming that the High Court lacked jurisdiction and that the matter falls within the exclusive jurisdiction of the Labour Court.

The case authoritatively affirms that disputes concerning the extension of collective agreements under the Labour Relations Act fall within the exclusive jurisdiction of the Labour Court. It reinforces Constitutional Court guidance against forum shopping in labour disputes and clarifies the narrow scope of concurrent jurisdiction under s 157(2) of the LRA, strengthening the role of specialist labour courts in South African labour law.