wages agreements is binding on the employers and works to whom they relate on the order of the master of labour.
Similarly, in section 2(3) of the Trade Dispute Act, 1976, a collective agreement deposited with the minister of labour becomes binding on the employers and workers whom they relate once the minster makes the appropriate order in this situation, a collective agreement is presumed not to have been intended by the parties to be legally enforceable contract unless it is in writing and expressly provides to the contrary.
CONCLUSION
Where it is found that the intention was present, then, ofcourse, the agreement would be actionable, but where the finding is negative, i.e., that there was no intention, the agreement would not be actionable; the existence of a contract is negated.
The greatest exponent of the school of thought that intention to enter into legal relations is irrelevant to the formation of a contract is Professor Williston. /His vies may be summarized in this well-known passage: …the common law does not require any positive intention to create a legal obligation as an element of contract… A deliberate promise seriously made is enforced irrespective of the promisor’s views regarding his legal liability. Williston on Contracts (3rd Ed.) p21.