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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure I - Establishment of Industry Policy Forum

 

ANNXURE I

 

ESTABLISHMENT OF INDUSTRY POLICY FORUM

 

1. Preamble

The union and employer parties, having noted the significant challenges facing the metal and engineering industry in the context of the imperative of creating and sustaining decent jobs and competitive manufacturing capability in the domestic and global market, have agreed to establish an Industry Policy Forum (hereinafter referred to a the IPF) under the auspices of the Council. The parties have further agreed that in referring the matters contained in this Annexure to the IPF, each party reserves the right to negotiate on the said matter in the IPF.

 

2. Definitions and objectives

The IPF will be tasked with having the mandate of securing agreement between the parties on changes required to promote the growth and viability of the industry as a key contributor to SA’s growth, investment and employment objectives.

 

The purpose of the IPF shall be to provide leadership and to serve the common good of the metal and engineering industry and all its stakeholders in the furtherance of the following key goals and objectives:

Formulate an overall strategy aimed at securing the sustainability and growth of all industry stakeholders.
Formulate an industry view on national industrial and trade strategy.
Become a leading role-player in the national discourse on national economic policy.
Promote international trade and provide assistance to neighbouring states as they develop their industrial policies.
Develop employment retention and job creation programs.
Facilitate the allocation of industry funds.
Promote the well-being of all employees and employers in the industry.
Implement programmes and strategies aimed at reducing the cost of living for employees, improving their standard of living and reducing the cost of business in the industry.
Formulate strategies to secure the increased allocation of Merseta funds for skills training and bursaries and mechanisms to secure access to funds from national Skills Fund.
Identify industry challenges and threats and devise appropriate strategies to positively address these.
Any other jointly agreed objectives and strategies aimed at the common good of the industry and all its stakeholders.

 

3. Terms of reference

Without limiting the scope of issues the parties will need to address in the IPF, the following matters will be addressed as part of the mandate of the committee:

 

Strategies to promote job retention and employment creation

To investigate and seek consensus on all those factors that contribute to the decline of the industry in terms of output, employment, contribution to the GDP etc.  To design strategies and implementation plans to grow investment, skills jobs and markets.

 

Strategies to modernise and transform the Council

To develop strategies and implementation plans that secure the long term future of the council parties on a level playing field that is globally competitive.

Legal compliance
Grading and new entry level minimum rates
Small business
Regional dispensation
Exemptions
Clause 37
House Agreements
Demarcation
Any other relevant policy

 

Industrial and Trade Policy

To develop strategies and implementation plans and secure the consensus of the appropriate stakeholders on such matters as:

Trade and tariff policies
Steel pricing policies
Importation of steel products by parastatals
Export opportunities and demand site measures
National power and water challenges
Transport logistics
Any other relevant policy

 

Rationalization and optimization of industry institutions

To develop strategies and implementation plan to optimize the use of industry funds to achieve improvements in:

Employment housing
Training and skills development
Healthcare
Bursaries
Pensions
Any other relevant institutions

 

4. Composition, meetings and timeframes

Composition of the forum will be two representatives per party.

 

The forum will invite relevant government department representatives on matters requiring government support as the parties deem appropriate.

 

Meetings will be convened by the CEO of the Council within a month of the finalization of the Main Agreement negotiation. The parties will determine their own work program, schedule and time table inclusive of:

Determination of issues
Alignment of issues with MEIBC forums and processes
Prioritization of issues
Time frames for delivery
Resources required
Meeting schedules
Administrative support
Reporting mechanisms
Other

 

 

5. Resourcing and research capacity

To investigate the need and resource appropriately the Council to create the capacity to deliver and inform and well researched set of strategies, policies and implementation plans to affect the work of the IPF

 

6. Dispute resolution

The parties will use the Council dispute resolution procedures.

 

7. Outstanding issues

These issues from previous negotiations and the 2021 round of negotiations include:

Constitutional Amendment and Revision,
Scope of the Main Agreements,
Main Agreement Exclusions,
Main Agreement - Simplifications - Paul Benjamin version,
Demarcations - Policy and Procedure,
Jurisdiction - Policy and Procedure,
CDR Rules,
Sick Notes - Homeopaths,
Section 29 - Injury on Duty,
Sick Pay Fund - Maternity benefit,
Jurisdictional S62 Disputes
o MEIBC v/s EIBC
o MEIBC v/s SCPNPI
Distressed Sectors
o Usher & Lasher,
o Industry Policy Framework Agreement,
Corporate Permits
o Strategic Agreement - MEIBC - DIT / DOL / DHA,
o Operational Engagement - DOL & interaction DTI,
o Pilot Project - Limpopo Province,
o Development of an MEIBC Policy,
MEIBC Policy - Unforseen Circumstances - Death of Injury on Duty,
a revised dispute resolution collective levy agreement,
a revised registration and administration collective levy agreement;
establishment of a disaster fund to assist workers placed on short-time, lay-off and/or further lockdowns;
modernising and overhauling of the current industry grading system e.g. collapsing of grades H and G into F and/or the introduction of a more scientific grading system (e.g. Peromnes, Patterson, Hay etc.) and/or the introduction of a new entry level grade i.e. i or H(a) to the current thirteen grade structure to encourage job creation;
Amending the scope of jurisdiction the the bargaining council and the scope of the Main Agreement to cover for e.g. scrap metal, overhead power lines and other jobs to be identified in the direct line of production;
modernising, revising and amendments to the bargaining councils constitution;
investigating the introduction of an industry bench-mark or ratio for apprentices to artisans and training and career paths for industry workers;
amending the rules of the funds to permit employees to access funds for the purposes of housing and/or the establishment of an industry housing fund;
ensuring alignment of clause 34 of the Main Agreement with the sick pay fund rules;
ensuring aligning of clause 29 of the Main Agreement with the rules of the Compensation for Occupational Injuries and Diseases Act (COIDA);
Broadening the scope of the one day's medical testing (currently paid by the Sick Pay Fund) to also cover a once-in-a-year general medical check-up;
investigate the feasibility of an industry medical aid/health care system, the modalities and implication therein, whilst recognising that where existing medical aid arrangements are in place at individual company level, such arrangements will not be affected;
notwithstanding the parties agreeing that the bargaining council's existing Main Agreement exemptions policy will continue to apply, reviewing the definition of a struggling business, small business and exemption criteria beyond the current arrangement where financial reasons, head-count and length of time a small business has been in operation are the only qualifying criteria;
the trustees of the Sick Pay Fund to investigate extending benefits to cover employees impacting by Covid-19 for example, dealing with employes with comorbidities who are unable to work from home, time-off to receiving vaccinations etc; and
requesting the trustees of the EIPF and MIPF to investigate the introduction of a funeral benefit for members and dependents.