WELCOME TO WORKSHOP 1.1

The benefits of CCMA intervention in wage

disputesPresented by Mr Afzul Soobedaar

PRESENTATION TO PRESENTATION TO

THE 25THE 25THTH ANNUAL LABOUR LAW CONFERENCE 2012 ANNUAL LABOUR LAW CONFERENCE 2012

1 – 3 AUGUST 20121 – 3 AUGUST 2012

SANDTON CONVENTION CENTRESANDTON CONVENTION CENTRE

The Benefits of CCMAThe Benefits of CCMAIntervention in Wage Intervention in Wage

DisputesDisputes

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

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

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

INTERVENTION FLEXIBILITY

Tabling of demands

Wage negotiation meetings

Dispute Meeting

Referral of a dispute to CCMA /

Bargaining Council

Industrial Action

CCMA intervention

points

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

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!

TRACK RECORD – ALL SECTION 150 MATTERS

TRACK RECORD – ALL MUTUAL INTEREST DISPUTES

NOTABLE ACHIEVEMENTS – DISPUTE RESOLUTION

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)

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

S150 offer

Putting Mediation FirstPutting Mediation First