Newsflash! Bargaining Councils accredited by the CCMA
The Governing Body of the CCMA resolved to grant renewal of subsidy to the following Bargaining Councils in terms of the Labour Relations Act No. 66 of 1995 for the period starting on 1 September 2024 up to 31 August 2027:
- Motor Industry Bargaining Council
- Bargaining Council for the Grain Industry
The listed bargaining councils are accredited to conduct conciliation and arbitration subject to the conditions and restrictions stipulated by the CCMA in the Notice.
The Notice includes the following terms that the accredited bargaining council must adhere to:
- The scope of its accreditation.
- The powers of the accreditation.
- The extension of the accreditation.
- Consequences of transgressions from the terms of the accreditation.
- And the requirements to amend the accreditation.
Councils may not seek accreditation for the following dispute resolution functions regarding disputes over the following:
- Organisational rights (sections 16, 21 and 22).
- Collective Agreements where the agreement does not provide for a dispute resolution procedure, or the procedure is inoperative, or any party frustrates the resolution of disputes (section 24(2) to (5)).
- Agency shops and closed shops (section 24(6) and (7) and section 26(11)).
- Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45).
- The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61(5) to (8).
- Demarcation of sectors and areas of Councils (section 62).
- The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E (Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63).
- Picketing (section 69(8) to 10).
- Proposals which are the subject of joint decision making in a workplace forum (section 86).
- Disclosure of information to workplace forums (section 89).
- Interpretation or Application of the provisions of Chapter 5 of the LRA which deals with workplace forums (section 94).
- Enforcement of the Collective Agreements by Bargaining Councils (section 33A).
- Enforcement of arbitration awards in terms of section 143.
- Only the Director of the CCMA, unless the power has been delegated to a CCMA Senior Commissioner may certify awards as if it were an order of the Labour Court.
- Facilitating mass retrenchment disputes (section 189(A)).
Read the full gazette here.
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