University Academic Staff Union (UASU) v Jomo Kenyatta University of Agriculture and Technology; Ministry of Labour and Social Protection & another (Interested Parties) (Miscellaneous Case E084 of 2023) [2023] KEELRC 2791 (KLR) (7 November 2023) (Ruling)

Facts

The University Academic Staff Union (UASU) sought the registration of a Collective Bargaining Agreement (CBA) with Jomo Kenyatta University of Agriculture and Technology (JKUAT). The Ministry of Labour and Social Protection objected to the registration due to the exclusion of the Salaries and Remuneration Commission (SRC) from the negotiation process.

Issues

1. Whether a Collective Bargaining Agreement became a binding contract upon attestation by the parties or upon registration by the Employment and Labour Relations Court.
2. What conditions did a collective bargaining agreement have to fulfill for it to become registrable.
3. What was the role of the Salaries and Remuneration Commission in the formulation and registration of Collective Bargaining Agreements.

Reasoning

A Collective Bargaining Agreement is an agreement analogous to any other, but it is heavily regulated by law and becomes a binding contract only after registration by the Employment and Labour Relations Court. The CBA must be submitted for registration within 14 days of its conclusion.

Outcome

The application was dismissed, with each party bearing their own costs.

Authorities cited