CCMA/Bargaining Council Matters Deal with Workplace Disputes
Before the LRA of 1995, industrial councils were retained as the primary institution for collective bargaining and they were renamed bargaining councils.It is more or less the same as the old industrial council. CCMA/Bargaining council matters are established by by registered trade unions and registered employers organizations. They deal with disputes and councils can apply to the governing body of the CCMA to conciliate and arbitrate certain categories of disputes.
When a deadlock is reached and they can’t solve a problem, a neutral third party is used to mediate. Under the Labour Relations Act the mediator is a commissioner from the CCMA or Bargaining Council. Some of the powers given to bargaining councils by the Labour Relations Act include resolving labour disputes, to conclude and enforce collective agreements, to promote and establish training projects and to make and enforce collective agreements among others.
A Bargaining Council Agreement sets out various terms and conditions of employment for certain industries and covers things like wages, leave, sick leave and conditions of work among others. The councils are made up of representatives of employers as well as trade unions. It is regarded as an offence for workers in any industry to not obey the terms of the Bargaining Council Agreement and problems regarding working conditions in the Agreement are referred to the Bargaining Council for investigation.
Arbitration by the CCMA or Bargaining Council
The Bargaining Council settles disputes which are referred to the relevant Bargaining Council for conciliation.Conciliation is an opportunity for both parties to endeavour to resolve matters between them. The Council acts as a mediator in helping the parties negotiate a solution, but if the conciliation does not resolve the dispute, arbitration follows at the CCMA or These Bargaining Council dispute resolution procedures are similar to the CCMA’s dispute resolution procedure.
The speed with which disputes are dealt with is regarded as an indicator of a system’s effectiveness Bargaining Councils are able to conciliate matters within a thirty day period Another important advantage is that employer organizations and trade unions can become a party to the bargaining council and can negotiate minimum terms and conditions of employment that will bind their members. A bargaining council can make the terms of an agreement binding on all members of the council.
Conciliation by the CCMA or Bargaining Council
It is no easy task these days managing employees and every employer today has to accept the fact that the laws of the past have changed and that they need to be educated to deal with this new process. When your employees are not satisfied and start laying complaints at the CCMA or Bargaining Council and you have no means to defend yourself you need assistance with establishing positive labour relations.
If there is a Bargaining Council there are steps you should take to refer disputes for conciliation. There are companies who offer guidance and assistance and also represent clients with CCMA/Bargaining Council matters, meetings and hearings. Education in industry will give all employeers a better understanding of how systems actually work and will help to increase productivity in the workplace.
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