In its submissions, Kemfri pointed to the constitutional mandate of the SRC and its inability to discharge it with regards to the issues in dispute.
The union led by secretary general Zachariah Achacha insisted it had given reasonable proposals to Kemfri on the disputed collective bargaining subjects.
The court heard that Kemfri sought advise from SRC in 2016 but no advice has been given three years later.
The judge further said it was not clear why the SRC has not advised Kemfri adding that there was no correspondence on record to suggest why.