MEIBC changes welcome, but should take employer into consideration

23rd January 2018

By: Megan van Wyngaardt

Creamer Media Contributing Editor Online

     

Font size: - +

Although the Metal and Engineering Industries Bargaining Council (MEIBC) main agreement negotiation process, that took place from June to August last year, was riddled with technical issues and procedural hurdles, the extension to all nonparty employers and employees falling within the scope of application of the main agreement is a welcome measure to align the industry.

Nonparties to the MEIBC were previously not bound by the main agreement and were not obliged to provide workers with the minimum terms and conditions prescribed for the industry.

Global law firm Fasken partner and labour lawyer Sherisa Rajah on Tuesday outlined that fairness dictated that all workers who fall within the technical schedules set out in the main agreement should be afforded the same benefits and protections regardless of who they are employed by, when considering the size of the industry and its players, as well as the potential for disparity, particularly with regard to wages.

However, the extension of the agreement to nonparties remained a contentious issue with the National Employers' Association of South Africa (Neasa), which alluded to potential litigation to challenge the lawfulness of the extension primarily on procedural grounds as with the 2011 and 2014 main agreements.

Rajah noted that, in this case, fairness to employers also needed be observed.

"While the provisions of the main agreement will apply to all employers falling within the scope of application of the main agreement within the metals and engineering industries, any extension of the main agreement must ensure that party and, in particular, nonparty employers who may not have been complying with the provisions of the 2011 or 2014 main agreement, have effective and efficient access to exemption processes," Rajah highlighted.

This would take into account their difficulties and that their "pleas for relief" were granted through the issuing of the necessary licences of exemptions to reduce the unnecessary loss of much-needed jobs. 

It is expected that the draft consolidated main agreement will be tabled for consideration by the Bargaining Councils Management Committee soon.

Part of this process would entail the issuing of a certificate of membership by the Department of Labour, confirming the levels of membership of the respective parties - including the nonparty employer associations who are registered with the bargaining council but have elected not to endorse the agreement.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

Comments

The content you are trying to access is only available to subscribers.

If you are already a subscriber, you can Login Here.

If you are not a subscriber, you can subscribe now, by selecting one of the below options.

For more information or assistance, please contact us at subscriptions@creamermedia.co.za.

Option 1 (equivalent of R125 a month):

Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format

Option 2 (equivalent of R375 a month):

All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.

Already a subscriber?

Forgotten your password?

MAGAZINE & ONLINE

SUBSCRIBE

RESEARCH CHANNEL AFRICA

SUBSCRIBE

CORPORATE PACKAGES

CLICK FOR A QUOTATION