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Benefits of CCMA Intervention in Wage Disputes

In 2007, the CCMA established a department that was specifically tasked with the responsibility to support, promote and assist in matters relating to collective bargaining; especially in matters of public interest. This has enabled the CCMA to provide a specialist dispute resolution and aftercare service in collective bargaining matters that has earned a high degree of confidence in the labour market. The flexibility to intervene at any stage of the process (both pre- and post dispute), the development of a committed cohort of appropriately capacitated and resourced mediators and the ability to work with parties through complex collective bargaining issues have contributed to an admirable track record of achievement in some of South Africa’s most significant wage disputes. The presentation illustrates why parties can (and should) entrust the CCMA to intervene in wage disputes.

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Benefits of CCMA Intervention in Wage Disputes

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  1. The Benefits of CCMAIntervention in Wage Disputes PRESENTATION TO THE 25th Annual Labour Law Conference 2012 1 – 3 August 2012 Sandton Convention Centre

  2. STRUCTURE & STRATEGY • Mediation & Collective Bargaining department established in 2007 • Supporting the overall strategy of the CCMA by formulating and implementing a strategy for Mediation • Key Performance Area - To Assist, Support and Promote Collective Bargaining • Providing a specialist dispute resolution and post dispute support service • Making high impact offers of assistance in matters of public interest • Assisting in establishing collective bargaining structures

  3. BUSINESS UNUSUAL • Internal Guidelines for the Screening, Allocation and Management of Wage disputes • Constant intelligence gathering during collective bargaining season to enable both proactive & reactive intervention • Requesting information from parties in referred matters to brief appointed Commissioners • Deployment of Mediation Teams in high profile matters, supported by a control centre • Customised facilities – National Mediation Centre

  4. CAPACITATED & RESOURCED COMMISSIONERS • Cohort of selected Commissioners around the country that can be rapidly deployed • Exposure to advanced training in Labour Economics and Mediation skills • Fully resourced research unit to provide specific economic and financial information support to Commissioners • Annual Briefing prior to the collective bargaining season on the labour economics environment with inputs from business and labour representatives on their respective expectations • Annual Debriefing after the collective bargaining season to analyse settlement trends, challenges and specific matters to draw learnings

  5. INTERVENTION FLEXIBILITY Wage negotiation meetings Tabling of demands Dispute Meeting Referral of a dispute to CCMA / Bargaining Council CCMA intervention points Industrial Action

  6. POST DISPUTE SUPPORT • Facilitated workgroups to assist parties with a host of issues that are more amenable to be engaged on outside the pressurised environment of a wage negotiation process • Development of firm level and sectoral policies on Housing, HIV/AIDS, Reduction in Working Hours etc. • Future bargaining arrangements e.g. bargaining structures, codes of conduct etc. • Conducting verification exercises to define / redefine bargaining units

  7. GROWING LABOUR MARKET CONFIDENCE • Section 150 requires both parties to consent an offer of assistance before the CCMA may act in terms of the offer • Acceptance of the offer of assistance by both parties is used as an indicator of confidence • Confidence has increased by 98% over the last five years!

  8. TRACK RECORD – ALL SECTION 150 MATTERS

  9. TRACK RECORD – ALL MUTUAL INTEREST DISPUTES

  10. NOTABLE ACHIEVEMENTS – DISPUTE RESOLUTION • Private Security Sector (2009, 2012) • Civil Engineering Sector (2009) • Metrorail (2010) • Eskom (2007 - 2010) • Pikitup (2011) • Transnet Bargaining Council (2010) • SA Road Passenger Bargaining Council (2007) • Motor Industries Bargaining Council (2010) • National Bargaining Council for the Clothing Manufacturing Industry (2009, 2010, 2011) • National Bargaining Council for the Road Freight & Logistics Industry (2011) • National Bargaining Council for the Chemical Industry (2011) • National Bargaining Council for the Wood & Paper Sector (2007 – 2011)

  11. NOTABLE ACHIEVEMENTS – POST DISPUTE SUPPORT • Establishment of a voluntary bargaining structure in the Private Security Sector (2008) • Verification exercises conducted in the Private Security Sector (2008 , 2011), Pharmaceutical Sector (2011) • Maintained relative industrial peace in the run up to and during the 2010 Fifa World Cup. Achieved through implementing a structure, process and monitoring mechanism to deal with disputes that had potential to impact adversely on the event (2009 – 2010)

  12. ON THE HORIZON • Collective Bargaining Improvement Process A structured approach to analysing individual wage negotiations with parties to increase effectiveness of negotiation by identifying process elements that impact on effectiveness and then developing and implementing action plans to address them. • Development of Sector Specialists

  13. S150 offer

  14. Putting Mediation First

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