1. A bargaining council may ask the Minister in writing to extend a collective agreement concluded in the collective agreement to all non-parties to the collective agreement that fall within its scope and which are mentioned in the application if, at a meeting of the bargaining council – summary: competition of the Union – the right to represent members in disciplinary negotiations is not a right that can be taken care of by collective bargaining. It is a right-wing consonant with the right to join a trade union and freedom of association. The interpretation of a collective agreement must be compatible with constitutional rights. Any interpretation that does not infringe the rights enshrined in the Rights Bulletin must be favoured. Hero: (1) The request for review is rejected. (2) No charge order.  On the contrary, the section should not, so to speak, replace the requirements of Section 32 in the area of local government. The South African Local Government Association (SALGA) is an organization created within the meaning of Section 2 of OLGA. One of SALGA`s tasks and mandates is to establish the relationship between its members and collaborators within the meaning of Section 213 of the LRA. SALGA is a part of SALGBC. In casu, SALGA`s collective agreement was concluded.
Thus, Section 71 (3) of the MSA applies in this case only to the extent that the sixth respondent does not avoid respect for the law, simply because he is not a party and is not yet a signatory to the MOU.  In February 2018, the South African Local Bargaining Council (SALGBC) entered into a collective agreement (known as Disciplinary Procedure (DP) between the South African Local Government Association (SALGA); Independent Union and Allied (IMATU) and South African Municipal Workers Union (SAMWU). Suffice it to say that these collective agreements are members of SALGBC. There was a dispute over the interpretation and application of section 15 of THE PARLEMENT. A non-partisan company, MATUSA, referred the case to SALGBC on August 6, 2018. The second respondent was instructed to settle the dispute through arbitration. At the time of the referral, MATUSA did not join IMATU; Samwu and SALGA on the fight. An application for Joinder was filed by MATUSA, but rejected by the second respondent on August 28, 2018.  Bringing these two principles together… would propose that a reading of the law, minority unions, the right to strike… the representation of trade union members in complaints and disciplinary procedures would be more entrenched in ILO conventions, in accordance with the principle of freedom of association.   This section, properly interpreted, simply means that a municipality is required to respect collective agreements concluded by a local government organized within the SALGBC.
This means that a municipality, even if it is not a party to a collective agreement as a legal entity, is bound to respect the collective agreement and cannot avoid it because it is a party to the collective agreement. For example, the metropolitan city of Tshwane must not refuse to comply with a collective agreement under the SALGBC simply because it is not a party to the collective agreement.