In the course of the oral proceedings, the Minister and the VEOHRC put forward, inter alia, an interpretation of Article 195 of the FW Law indirectly prohibiting the terms of discriminatory company agreements. The MFB objected to this interpretation. This argument was echoed by competing federal judicial authorities Klein v Metropolitan Fire and Emergency Services Board 2 (with respect to Section 351 of the FW Act) and Shop, Distributive and Allied Employees Association v. National Retail Association (No. 2) (SDA) 3 (which considered a provision equivalent to Section 195, but in the context of discriminatory concepts in modern attribution (§153)). .