STATUS OF THE MEIBC – AFFAIRS
Dear Steel Industry employer
Since our last communication there have not been any new developments surrounding the MEIBC.
• The SEIFSA/NUMSA Main Collective Agreement has still not been extended to non-parties and, in light of recent court rulings in NEASA’s favour, it is unlikely to happen at all.
• The request for extension of the Administration Agreement was set aside by the Labour Court and, for the same reason as with the Main Agreement, will be difficult to extend.
• NUMSA has, however, in terms of the recent amendments to the Labour Relations Act, requested the Minister of Labour to renew the extension of the previous Administration Agreement, which expired in 2016, for a period of 12 months. NEASA has made submissions opposing this extension based on the fact that the legal prerequisites for such a request simply have not been complied with. Should the Minister of Labour not adhere to NEASA’s submissions, we will challenge the decision in the appropriate court.
• Since the MEIBC has been utilising surplus dispute levies to supplement the administration costs of the Council, NEASA has referred a dispute in order to stop this illegal practice. The matter was set down to be heard on 30 April 2019 and is continuing.
• It is important to note that we have obtained extensive legal opinion on the constitutionality of provisions of the Labour Relations Act pertaining to extension of agreements and stand ready to launch a challenge in the constitutional court at the appropriate juncture.
We will inform our members should there be any significant developments in any of these areas.
Privileged and challenged to be South African.
We are all in this together.