Association of Mineworkers and Construction Union v Sibanye Gold Limited t/a Sibanye Stillwater and Others

AMCU brought an urgent application challenging the lawfulness of the extension of a wage agreement concluded between Sibanye Gold Limited and a coalition of unions (NUM, UASA and Solidarity) to AMCU members in terms of section 23(1)(d) of the Labour Relations Act (LRA). The original wage agreement, covering the period 1 July 2018 to 30 June 2021, was concluded on 14 November 2018 without AMCU as a party and at a time when the coalition unions did not hold majority representation. AMCU commenced a protected strike on 21 November 2018. A first extension of the wage agreement was effected on 13 December 2018 but later superseded. On 18 February 2019, following alleged changes in union membership during the strike, Sibanye and the coalition unions concluded a second extension agreement purporting to extend the wage agreement retrospectively to all employees, including AMCU members, from 1 July 2018. AMCU contended that this extension was unlawful and sought to have it set aside.

The application to declare the second extension agreement invalid and to set it aside was dismissed. The second extension was held to be lawful, subject to a future verification of whether the union coalition in fact enjoyed majority representation at the time of the extension.

This judgment clarifies that a collective agreement may be extended to non-party employees under section 23(1)(d) of the LRA by way of a subsequent extension agreement once majority representation is attained. It reinforces the principle of majoritarianism in South African labour law and confirms that such extensions may lawfully curtail an ongoing strike, thereby promoting labour peace and orderly collective bargaining.