These rights can be acquired by minority unions by meeting the threshold, negotiating with the employer and entering into a collective agreement or referring them to the CCMA in accordance with Section 21, where the Commissioner has the discretion to grant the rights or not. Section 18, paragraph 1, states that “the employer and a registered union, of which the majority of employers are the majority of workers in the workplace, or the parties to a bargaining council, may enter into a collective agreement setting a tax threshold for one or more of the organizational rights covered in Sections 12, 13 and 15.” All unions now have the right to represent and negotiate on behalf of their members. All employers now have a duty to give minority trade unions organisational rights, including organisational rights: Vice-President Richter pointed out that an important difference between legal and contractual organisational rights is that an employer does not have a legal right to dismissal in respect of legal organisational rights as long as the union concerned continues to fulfil the legal obligation to be sufficiently representative of the employer`s workers in the workplace. Whereas in the case of contractual organisational rights, an employer has the right to terminate contractual rights by simply terminating the collective agreement. The Constitutional Court found that an agreement to restrict the right to collective bargaining would be inconsistent with the Constitution and would not be valid if it were not a restriction consistent with the requirements of Article 36 of the Constitution. Popcru objected to the collective agreement between DCS and SACOSWU and argued, for the most part, that it was illegal, given that DCS was bound by the threshold agreement not to grant organizational rights to minority unions. Popcru, the majority union, argued that a section 18 collective agreement was effectively binding on all parties as well as for unions that are not parties to the threshold agreement, within the meaning of Section 23 of the LRA. This Convention does not address the situation of civil servants engaged in activities in the administration of the State and is not interpreted in such a way that it is somehow denied their rights or status. In a separate judgment, by Deputy Supreme Justice Zondo and in another reasoning, it was stated that in order to acquire legal organizing rights, a union does not need the employer`s consent. It simply has to meet the requirements of the LRA that it must be sufficiently representative of the employer`s workers in a given workplace. In order to acquire contractual organizational rights, a union must not respect the representativeness prescribed by the LRA, but enter into an agreement with the employer under which the employer confers these organizing rights on the union. Sacoswu found, however, that a section 20 collective agreement replaces a section 18 collective agreement, as section 20 makes clear: “Nothing in this part prevents the conclusion of a collective agreement that regulates organizational rights.” It is clear from the above that employers need to rethink their approach and strategy when dealing with minority unions in their respective workplaces, particularly where there is another agreement on the same rights or similar rights with a majority union in that workplace.