The labour tribunal recognized that it had the real issue to consider. To do so, it had to look at the case and not the form of the litigation. The Tribunal was satisfied that Transnet was satisfied at all times that it would not engage NUMSA until it was sufficiently represented with Transnet, in accordance with its threshold set by a collective agreement. NUMSA requested that Transnet meet at any time in order to reach agreement on its demands. The Tribunal found that these applications could only be dealt with once the recognition and ongoing rights issues had been resolved. The Tribunal was therefore satisfied that the real dispute was a dispute over the refusal to negotiate. As a result, an advisory award had to be awarded before the NUMSA strike was protected. In light of this finding, the Tribunal did not have the fodder to decide whether it was necessary for NUMSA members to comply with the prescribed pre-procedure.  There was no question that Transnet had benefited from fixed-term contracts for part of its staff. These contracts have generally been renewed gradually. On December 15, 2014, transnet entered into a collective agreement at Transnet`s bargaining council governing the terms of their temporary workers with the third and fourth respondents who were then the majority unions in their workplace.
The parties to the agreement stated that they do not bind themselves and the members of the trade union parties, but “[a]temporary unity of collective agreements at Transnet Soc Limited, including non-union parties,” (emphasis added). These include the workers who were members of the complainant, although neither the complainant, who had no organizational rights at Transnet, nor her members were involved in the collective agreement at the time of its conclusion. In accordance with the provisions of the Labour Relations Act, Transnet`s primary function is to prevent and resolve disputes, enter into collective agreements and ultimately establish and maintain mutually beneficial management cooperation.  The applicant was wrong to believe that a positive response to the point mentioned in the previous point was the sphere of money and that it was decisive for the application. One illusion was that if the collective agreement did not apply to their members, the fixed-term contracts of their members were automatically inoperative and therefore their periods of employment were unlimited. Transnet`s bargaining board, like all other registered bargaining councils, is an integral part of the statute, made up of representatives of the approved unions on the one hand, and Transnet as an employer, on the other. The labour court declared the strike unprotected because it was a refusal to negotiate and the members of NUMSA were bound by a collective agreement that mandated a pre-strike procedure.