BUILDING INDUSTRY BARGAINING COUNCIL –
CAPE OF GOOD HOPE

MAIN COLLECTIVE AGREEMENT EXPIRED

Dear Industry employer

The Main Collective Agreement of the Building Industry Bargaining Council – Cape of Good (BIBC) expired on 31 October 2019.

Although a new agreement has been concluded the Minister of Employment and Labour has not yet extended this agreement to non-parties and consequently it is not enforceable.

The effects of the expiry of the Agreement are the following:

• no monies for levies and benefits (‘stamps’) need to be paid to the BIBC, and the employer cannot be regarded as being ‘non-compliant’ for failing to make such payments;
• an employer may not deduct any monies for levies and benefits from an employee without that employee’s written permission;
• BIBC agents do not have the right of access to workplaces in order to do site inspections;
• monies owed to the BIBC in terms of the previous agreement, prior to its expiry, are still due and enforceable; and
• short-time can only be implemented in terms of an agreement with employees.

The Department of Labour is yet to conduct verification of the representativity of the parties to the Council and publish the Agreement for comment before extension can be considered.

We will keep members abreast of developments in this regard.

Kind Regards

Jaco Swart
National Collective Bargaining Coordinator

Privileged and challenged to be South African.
We are all in this together.