|Question: What are the consequences for parties to a minimum services agreement if the Committee does not ratify the said agreement?
Section 72 of the LRA gives the Committee discretion on whether or not to ratify a minimum services agreement. In doing so the Committee must ensure that broader public interests are taken account of and that the minimum service agreement does not negate the determination of the service as an essential service. Simply put, are the safety, health and lives of people put at risk as a consequence of a minimum service agreement being ratified.
Only when the agreement is ratified by the Committee are the agreed to minimum services regarded as an essential service.
Consequently, if an agreement is not ratified, then the agreement has no force and effect and the services that were designated as essential remains intact.