News

South African Engineers and Founders Association

21 October 2022

As you are aware the Minister of Employment and Labour has gazetted and extended the Main Agreement to non-parties with effect from 17 October 2022. It is obligatory to implement the Main Agreement provisions at all metal and engineering industry businesses. 

We have previously circulated a link to download the Government Gazette. If you may want to view the Technical Schedules contained in the Main Agreement they can be found below:

14 September 2022

Please find below the submissions made by SAEFA to the Minister of Employment and Labour and the Minister of Small Business Development to resist the extension of the Main Agreement.  Attached to the submission sent to the Minister of Employment and Labour were individual letters from 44 members.  To all of you who made submissions, I would like to express my sincerest gratitude.

I would also like to encourage you all to send these letters to business colleagues who you feel may have an interest in this critical issue.  The Minister of Employment and Labour will now take a decision as to whether or not to extend the Main Agreement.  SAEFA (and others) are, as you are also aware, continuing with our application for leave to appeal the order of the Labour Court to deny our interdicting of the extension request.   

SAEFA Appeal to the Minister of Small Business Development September 2022

SAEFA Submission to Minister of Employment and Labour 12 September 2022

20 October 2022

Please note that the Minister of Employment and Labour has extended the Administration and the Dispute Levy Agreements to non-parties effective from 17 October 2022.

  • The Administration Levy has increased from R1.72 per week to R1.96 per week and R7.45 per month to R8.49 per month.
  • The Dispute Levy has increased from 0.62 per week to R0.71 per week and R2.68 per month to R3.07 per month

See note below for the levies and contributions which are applicable to SAEFA member companies.

MEIBC-MIBFA LEVIES & CONTRIBUTIONS AS AT 17 OCTOBER 2022

 

31 August 2022

We are extremely perturbed to report that the Labour Court has dismissed our challenge against the extension of the Main Agreement.  The judgment, handed down earlier today, is attached below for your attention.  As expected, the parties to the Main Agreement have been very quick to criticise our attempts to stop the extension of the employer-hostile dispensation, relying mainly on the flawed argument that it would be unfair to allow differences in terms and conditions of employment at different businesses.  So cash-flush employers shouldn’t have to compete with cash-strapped employers on wages?  Even though they can freely compete in almost all other areas, from buying power to geographical location, etc.?

All of this in a country with an unemployment rate nearing 50%.  Needless to say, SAEFA will continue to fight the extension of the Main Agreement.   

Court Order dated 2022-08-31

7 October 2022

Despite receiving numerous objections from hundreds of employers in the metal industry, employer associations and industry lobby groups, the Minister of Employment of Labour has extended the Consolidated Main Agreement to non-parties.

The extension is effective as of 17 October 2022, making it obligatory to implement the Main Agreement provisions at all metal and engineering industry businesses. 

SAEFA will continue to explore all avenues with our legal advisors and will keep members abreast of developments as they occur.

The Government Gazette is available at the following link:

http://www.gpwonline.co.za/GPWGazettes.htm Click on the first link under the Government Gazettes heading (472254_7-10_NationalRegulation)

Please note that this extension will necessitate the submitting of applications for exemption for many of our members. We will be running workshops and webinars on how to submit an exemption in the coming weeks. Please look out for those dates, which will be communicated early next week.

16 August 2022

Please see the below notice of intention to embark on protest action by SAFTU in “defence and promotion of socio-economic interests of workers and the working class in general”.

The section 77(1)(d) notice dated 8 August 2022 is pursuant to a 2020 section 77(1)(b) notice and a Nedlac certificate issued on 13 April 2021. In terms of the Section 77(1)(d) notice, SAFTU intends to embark on protest action on the 23rd and 24th of August in all the nine provinces. The protest action will be protected, which means that the principle of no work, no pay will apply to all participants in the protest action, and no disciplinary action may be taken against those that choose to participate. 

Nedlac S77 Certificate to SAFTU signed

SAFTU Section77 (1) (d) form(2) INTENTION TO STRIKE NOTICE 24 AUGUST 2022

3 October 2022

Please see the attached below a S77(1)(d) notice by COSATU, which is based on the 2017 notice on economic crisis.  According to the notice, COSATU will embark on protest marches and pickets on 7 October 2022. The notices comply with the requirements of the LRA and the protest action will be protected.  This means that any employee that chooses to participate in the industrial action may not be disciplined for doing so, but the principle of no work, no pay will apply.  Also, employees who participate are not entitled to accumulate a shift for Leave Pay and Leave Enhancement Pay purposes.

COSATU Notice to Nedlac of Intention to Proceed with Protest Action

20 July 2022

Please see below an important notice issued by the DG of Employment and Labour regarding COIDA registration and compliance, audits and site visits.  The notice is self-explanatory, but any member requiring assistance is welcome to contact us for advice.

Government Gazette NOTICE 1149 OF 2022