WHAT IS HAPPENING IN THE MEIBC?
Dear Industry Employer
In this newsletter:
- 2011/14 Industry Main Agreement
- 2014/17 Industry Main Agreement
- Collective Bargaining Levy Agreement
- Registration and Administration Expenses Agreement
- Financial Position of the Council
THE 2011/14 INDUSTRY MAIN AGREEMENT
…a sham…a fraud…deplorable…haphazard and messy…
Following a review application brought by NEASA, and four years of almost constant litigation involving the Minister of Labour, the MEIBC and some of its parties, the Labour Court has finally declared the 2011/14 main agreement invalid. Consequently it has been set aside and is of no force and effect. All enforcement proceedings, instituted under this agreement, therefore have to cease immediately. The Judge labelled the MEIBC's actions in this regard a sham and ruled that the Minister of Labour was misled in being presented with this fraudulent agreement for the purposes of extension.This clearly amounts to fraud. According to the Judge, certain actions by the MEIBC are deplorable but in keeping with the slip shod manner in which the entire matter of the 2011 collective agreement has been handled by the Bargaining Council.
THE 2014/17 INDUSTRY MAIN AGREEMENT
This agreement, yet another unprocedural fabrication of almost all of the parties to the MEIBC, was extended by the Minister of Labour to non-parties in December 2014. Up until now, the Minister could not submit to NEASA a complete record on which she based her decision. The whole process of extension was shockingly incompetent, to say the least. NEASA also brought a review application to have this agreement declared invalid and we are confident that we will again be successful.
COLLECTIVE BARGAINING LEVY AGREEMENT
As a direct result of NEASA's interventions, the CBL agreement has not been in force since January 2013. This has saved, both employers and employees, who exercise their constitutional right not to associate with either employers' organisations or trade unions, a substantial amount of money.
REGISTRATION AND ADMINISTRATION EXPENSES AGREEMENT
The previous Registration and Administration Expenses Agreement came to an end on 31 March 2015. Although the MEIBC has requested the Minister of Labour to extend an agreement in this regard, NEASA has petitioned the Minister pointing out many reasons why she cannot extend this agreement. Thus far, the agreement has not been extended. Should she, under the current circumstances and in its current format, extend this agreement, NEASA will immediately bring an application, on an urgent basis, to overturn that decision.
FINANCIAL POSITION OF THE COUNCIL
The current financial position of the Council is not known as financial information has not been forthcoming. Due to the Registration and Administration Expenses Agreement not yet being extended, the main source of income for the Council has been cut off and as a result all meetings, including financial meetings, have been cancelled in order to save costs. It is known that the financial reserves of the Council were almost depleted at the time the Registration and Administration Expenses Agreement expired, and we can only speculate as to the dire straits the Council must be in at this stage.
"Success is not final, failure is not fatal: it is the courage
to continue that counts."