Parties to the Metals and Engineering Industries Bargaining Council (MEIBC) today voted overwhelmingly in favour of the extension of the three-year agreement reached in the metals and engineering sector in 2021.
During a historic meeting of the parties at the MEIBC this morning, during which all employer organisations registered with the council were in attendance:
- The five-trade unions that are party to the council – namely, MEWUSA, NUMSA, SAEWA, Solidarity and UASA – all supported the extension of the Main Agreement to non-parties; and
- The 18 SEIFSA-affiliated Employer Organisations, the Plastics Converters Association of South Africa (PCA-SA) and the Consolidated Employers Organisation (CEO), whose membership collectively employ the overwhelming majority of the employees employed by all the members of the employers’ organisations that are party to the bargaining council, voted in favour of the extension.
Steel and Engineering Industries Federation of Southern Africa (SEIFSA) Chief Executive Officer, Lucio Trentini said that the employer organisations supporting the extension of the 2021-2024 Main Agreement represent 71,57% of all employees employed by all the employers that are members of the Employer Organisations registered with the Bargaining Council, with SEIFSA-affiliated member companies alone representing 56,15% of those employees.
Mr Trentini revealed that the latest determination of the representativeness of the MEIBC issued by the Department of Labour in terms of Section 49 of the Labour Relations Act had shown that of the 468,874 employees in the industry, a total of 308,605 (65,81%) worked for employers represented by the employer organisations that are party to or registered with the Bargaining Council.
“The SEIFSA-affiliated employer Associations alone represent 56,15% of those employees,” he said.
According to the Department of Employment and Labour’s determination of representatives, NEASA represents 19,15% of employees working for companies registered with the council, the Plastics Converters’ Association of SA represents 10,81%, the South African Engineers and Founders Association represents 6%, the Confederation of Employers Organisation represents 4,60%, the South Africa United Commercial & Allied Employers Organisation represents 2,56% and the Federated Employers Organisation of SA represents 0,73%.
“In the case of a section 32 extension, where an agreement is negotiated and concluded by bargaining agents who represent and employ the majority of employees falling within the council’s coverage, the extension of a bargaining council agreement is seen as a reasonable and necessary mechanism of collective bargaining,” said Mr Trentini.
He referred to the finding by Judge John Murphy, who had ruled, on behalf of a full bench of the North Gauteng (Pretoria) High Court in the 2016 Free Market Foundation (FMF) v Minister of Labour & Others Judgment, that the extension of a bargaining council’s collective agreement was legal, provided that one or more registered trade union/s whose members constitute the majority of the members of the trade unions that are party to the bargaining council vote in favour of the extension, and one or more registered employers’ organisations, whose members employ the majority of the employees employed by the members of the employers’ organisations that are party to the bargaining council, vote in favour of the extension.
During the MEIBC meeting this morning
- The five-trade unions that are party to the council – namely, Mewusa, Numsa, Saewa, Solidarity and Uasa – all supported the extension of the Main Agreement to non-parties; and
- The 18-SEIFSA affiliated Employer Organisations, the Plastics Converters Association of South Africa (PCA-SA) and the Consolidated Employers Organisation (CEO), whose membership collectively employ the overwhelming majority of the employees employed by all the members of the employers’ organisations that are party to or registered with the Bargaining Council, voted in favour of the extension.
Together, the 18 SEIFSA-affiliated Associations – which represent small, medium and big businesses across the sector – the Plastics Converters Association of South Africa (PCA-SA) and the Consolidated Employers Organisation (CEO) account for 71,57% of all employees employed by all the employer organisations on the bargaining council.
Mr Trentini explained that the Collective Main Agreement concluded on 21 October 2021 for the period 1 July 2021 to 30 June 2024, will now be forwarded to the Department of Employment and Labour with a request for the Minister of Labour to gazette the Agreement and make it legally binding on all employers and employees falling within its scope.
