South African Engineers’ and Founders’ Association

17 January 2019

The Turbulent Labour Law Landscape:

Considering the recent amendments made to South African Labour Legislation and offering guidance on the applicability of the Main Agreement and/or Basic Conditions of Employment Act to your employees.

The National Council of Province’s Select Committee on Economic and Business Development deliberated and finalised four labour bills, namely, the National Minimum Wage Bill; the Labour Relations Amendment Bill; the Labour Laws Amendment Bill and the Basic Conditions of Employment Amendment Bill.  These bills were adopted without any amendments by the NCOP and, thereafter, assented to by President Cyril Ramaphosa and most of them came into effect on 01 January 2019.

14 November 2018

We have had reports of members being approached by the EFF who are purporting to act on behalf of employees.  Please see below an extract of an article written on the subject which was emailed to one of our Exco Team:

As discussed yesterday, here is an extract of the article written by my fellow director, Nic Preston –

Where it comes to the EFF and its functionaries, it should simply not stick in its nose where it does not belong”. These were some of the Labour Court’s words in the judgment of Calgan Lounge v EFF & Others (J2648/18) handed down on 9 October 2018.

The case concerned an urgent application to the Labour Court to interdict employees of Calgan Lounge (Pty) Ltd (Calgan) from participating in unprotected strike action. In addition, Calgan also sought to interdict the EFF and its members from interfering in the employment relationship between Calgan and its employees.

From June 2018, representatives of the EFF had convened meetings with Calgan’s employees during working hours in order to address purported workplace issues. The EFF handed over a lengthy memorandum to Calgan, on an EFF letterhead, containing various allegations. Most of these allegations were inflammatory. In the memorandum, the EFF indicated that unless their demands were met, it would intensify its next mass protest action against Calgan.

15 January 2019

The SA Engineers and Founders Association is pleased to advise that the following training programmes will be available this year.

These training programmes are offered as public or in-house programmes and can be customised to suit your company’s needs.
Please save the following dates:

13 November 2018

On the 26th of October, we sent members an email explaining that the request for extension of the Main Agreement, the Admin Agreement and the Sick Pay Fund Agreement had been sent back to the MEIBC by the DoL and that parties would be meeting again on 6 November to discuss the way forward.  At the Manco meeting on 6 November, some of the parties submitted that they needed further time to consider their positions and so weren’t in a position to discuss the requests for extension of any of the agreements mentioned above.  However, the Administrator of the MEIBC informed parties that he had taken it upon himself to re-submit the request for extension of the Admin Agreement to the DoL. 

This means that the attempt to extend the Main Agreement will be delayed even further.  We are currently considering our position regarding the extension of the Admin Agreement.  SAEFA has consistently insisted that the MEIBC cease cross subsidising the administrative function of the MEIBC by using funds intended for dispute resolution.  Despite being given this assurance in the past by the MEIBC, it continues to cross subsidise.  SAEFA members’ view on this is clear – we cannot support the gazettal and extension of the Admin Agreement until such time as this unsustainable practice ceases.  Whilst we have seen vast improvements in the financial management of the MEIBC, we believe that there is still room for improvement, particularly in the area of the cross-subsidisation, as explained.

6 December 2018

Approximately 20% of the membership responded to the survey this year: the results were reassuring in each respective category in that they showed strong support for the work done by the SA Engineers and Founders Association. The workshops were well received and members had made good use of the IR services available.

We have a great deal of industry experience within the membership. A key suggestion was that there should be more interaction between the SA Engineers and Founders’ businesses at informal workshops so that there can be a greater sharing of information. Members expressed interest in attending BEE workshops, the Association intends to create a BEE circulation group for members wishing to attend BEE related courses and workshops.

30 November 2018

SAEFA’s Engagement with the Department of Mineral Resources regarding the Broad-Based Socio-Economic Empowerment Charter for Mining and Metals
The SA Engineers and Founders Mining Charter Task Team, comprising Clayton Anderson, Ross Williams, Glen Rebello, Detlev Borner and Jaime Goncalves, was set up in May 2018. Its purpose was to address member concerns around the proposed changes to the Mining Charter.
There were engagements with the Department of Mineral Resources (DMR) in May 2018 and again in August 2018 around the following issues:

3 December 2018

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26 October

On 16 October 2018, the Director of Collective Bargaining at the Department of Labour (DoL) sent a letter to the Acting General Secretary of the Metal and Engineering Industries Bargaining Council (MEIBC), informing him that the request for gazettal and extension of the Main Agreement could not be processed. 

It has been agreed that the parties will discuss how to respond to this letter at the MEIBC Management Committee Meeting on 6 November 2018.

We have drafted a memo that may be placed on Company notice boards for your employees’ attention.

Memo for employees on non-extension of the MA