Mr. Leslie, who appeared for the applicant, argued that the fundamental error in the arbitrator`s argument was that he had failed to consider the legal effect of a binding collective agreement pursuant to Section 23 of the LRA. In section 23, paragraph 3 of the LRA, a collective agreement varies according to each employment contract. 3.1 The Bargaining Board does not regulate (my insistence) and does not enter into agreements on: the collective agreement signed in Johannesburg on 14 August 2019 is attached to the notice. (a) allow a worker to receive less than the remuneration prescribed by this collective agreement or by arbitration; This means that the conditions are binding for the parties who have entered into the collective agreement and for other employers and workers in this sector. “199 employment contracts must not neglect collective agreements or arbitration awards, nor waive them. This is why all employers in the sector must comply with this agreement as of that date. One of nbcRFLI`s core tasks, within the meaning of the Labour Relations Act, is therefore to manage and enforce the dispute resolution process within the trucking and logistics industry, in line with its mission of managing and enforcing employment conditions between employers and industry workers. (1) An employment contract concluded before or after a collective agreement or applicable arbitration award comes into force cannot – the Industrial Relations Act provides for the self-regulation of the industry by bargaining councils. The NBCRFLI is a negotiating council, as required by law, with the mission of establishing and maintaining peace and stability in the road freight and logistics industries.
 The conciliator acknowledged that the employment contracts in question exceeded the collective agreement without knowing whether, as the argument asserts, it was indeed true that the conditions of employment of the workers were better than those provided for by the collective agreement. I agree with the assertion that he made a major error in this regard. The provisions of an employment contract that provide for such a prohibited agreement are not valid.  As a member of the trucking and logistics sector, members have the right to ensure that their dispute is heard and resolved under Section 51 (1995 labour relations), for example. B unfair labour practices or unfair dismissal disputes.  In this authority, the company`s argument is unfounded. I believe that the arbitrator made a serious error of law and that his manifestly erroneous interpretation of the collective agreement led him to a decision that a reasonable decision maker could not make. The arbitrator was required to review the provisions of Sections 23 and 199 of the LRA in the exercise of the interpretation of the main agreement. In particular, I emphasize the wording of section 199, paragraph 1, that is: (1) An employment contract entered into force before or after a collective agreement or applicable arbitration award comes into force-…. ». This text sets out any allegation that the term “introduction,” as used in the main contract, should be interpreted as not allowing the collective agreement to override a previously concluded employment contract.