ACCREDITATION RECEIVED
BCCEI received accreditation in September from the Commission for CCMA to handle all its disputes
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The Bargaining Council for the Civil Engineering Industry (BCCEI) received accreditation in September from the Commission for Conciliation, Mediation and Arbitration (CCMA) to handle all industry-related disputes.
The accreditation means that companies that are not members of employer organisation the South African Forum of Civil Engineering Contractors (Safcec) or employees who are not members of the Building, Construction and Allied Workers Union (BCAWU) or the National Union of Mineworkers (NUM), but fall within the civil engineering industry, will now derive the same advantages as those companies and employees who are members of these entities, explains BCCEI senior case management officer Merle Denson.
The accreditation also means that companies and employees no longer have to go directly to the CCMA. “Apart from the time-saving benefits this offers stakeholders, they are now able to access a panel of skilled professional commissioners who have industry-specific experience at the BCCEI. Being able to leverage the expertise and knowledge of the panel members will provide stakeholders with a strong and reliable arsenal,” says Denson.
As a completely independent statutory body, the BCCEI provides an unbiased and impartial service for the civil engineering sector. With an extensive reference base across all modalities in the civil engineering sector, BCCEI assists parties in providing direction and support, in line with industry- specific standards and guidelines.
Denson points out that, although the majority of the cases in Johannesburg, Pretoria and Vanderbijlpark will be heard at BCCEI’s facility in Bedfordview, a skilled CCMA-accredited commissioner will be appointed to facilitate the process where this is not feasible in other regions.
These exceptions will include large, long-term multidisciplinary projects, where specific site agreements are applied, like coal-fired power station projects Medupi and Kusile, and where party and nonparty disputes arise. In this instance, disputes will be heard on site. Denson cautions that, irrespective of the venue of the hearing, parties need to be aware that, once arbitration awards have been made, they are final and binding.
“. . . , we are able to provide further time-saving benefits by allowing employers, at a minimal cost, to refer an inquiry by arbitrator process (Section 188A), previously known as a predismissal arbitration, to the BCCEI. This process is intended to [replace] a disciplinary enquiry and takes the hearing straight to arbitration, which is cost effective and saves time for the parties. It also means that the matter cannot be referred to the council for conciliation,” Denson explains.
Other benefits to an inquiry by arbitrator process include the hearing being heard at the employer’s premises, at a date and time chosen by the parties. The commissioner can also be chosen by party consent, making the outcome final and binding.
“If any party is dissatisfied with the outcome, the award can be taken on review to the Labour Court,” Denson concludes.