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Industry Circular No 2020 2 Applications for Benefits from the UIF Covid 19 Relief Scheme
Original and first directive issued on 25 March 2020
Second directive issued on 6 April 2020
The addendum marked Annexure A to the MOA C
The Memorandum of Agreement MOA C signed between the Council and the UIF
Third directive issued on 16 April 2020
UIF Application Questionaire Annexure A
UIF APPLICATION Questionnaire Annexure C
Annexure B Payroll Information Template
Signed Lift Agreement- 01-07-2019 to 30 06 2020
Declaration Of An Additional Public Holiday On Wednesday 8th of May 2019(Election Day)
The MEIBC is pleased to announce the appointment of Sicelo Nduna as Chief Executive Officer / Council Secretary with effect from 1 January 2019.
The Council is pleased to advise that the parties to the Lift Engineering Agreement
have concluded a one year Settlement Agreement for the period 1 July 2018 to 30
June 2019
On the 21 July 2017, the management committee (MANCO) adopted the deputes resolution collective agreement ...
As you are aware the Plastic Industry is not covered by the Main Agreement...
As you are aware the Employer Federation, SEIFSA and 20 of its affiliated Employer Associations together with all five Trade Unions party to the Council concluded a Settlement Agreement dated 23-8-17 last year, for a period of three years.
Wage increases for this year are 6.75%acrosstheboard.Thewageschedulesfortheperiod1-7-2018 to 30-6-2019 are attached, setting out details of the new minimum general and subsidiary wage rates.
ANNUAL SHUTDOWN (CLAUSE 16) -CALCULATION OF LEAVE PAY (CLAUSE 12) AND LEAVE ENHANCEMENT PAY (CLAUSE 14) 2017
RMA Newsletter
A Settlement Agreement for the period 1 July 2017 to 30 June 2020 was signed by the Cape Engineers and Founders Association (Cefa), Consolidated Employers Organization (CEO), KwaZulu-Natal Engineering Industries Association (KZNEIA), National Employers Association of South Africa (Neasa), South African Engineers and Founders Association (SAEFA), Plastic Converters Association (PCA) and Solidarity in the Plastics Negotiating Forum of the Council on 17June 2017.
We advise that on the 21 July 2017 a Special MANCO of the MEIBC has resolved to
amend and extend the period of operation of the Dispute Resolution Agreement which
provides for the dispute resolution procedures in the industry as well as a dispute levy, for a
further period ending 31 March 2020.
Please note that the Industry Wage Negotiations has come to a deadlock, some Trade unions
have indicated their willingness to continue engaging employers around this deadlock and
NUMSA has requested a certificate of non-resolution. The same will be issued if requested at
the MANCO meeting scheduled to take place on the 21 July 2017
An accident happens in an instant - and when it
happens at work, you should know where to send
your employees for treatment and what your
responsibility is as an employer.
The Main Agreement 2014/ 2017 will expire on the 30 June 2017. The Industry Wage Negotiations for 2017 commenced on the 7 June 2017 and proceeded on the 8 and 15 June 2017 in order for Parties to negotiate the new working conditions of the Metal and Engineering Industry.
IMPLICATIONS OF THE SETTING ASIDE OF AMENDMENTS TO THE MAIN AGREEMENT (1 JULY 2011 T0 30 JUNE 2014 AND 1 JULY 2014 TO 30 JUNE 2017) BY THE LABOUR COURT
It is common cause that on or about 26 April 2017 Honorable Justice Lagrange made the following order in respect of the review of the Main Agreement concluded on 29 July 2014 under the auspices of the MEIBC which was due to expire on 30 June 2017:
Proposal from the Department of Labour to MEIBC Parties and the same was presented to the Labour Court by Solidarity who requested the Labour Court to make this proposal a Court order to bind all Employer's organisations and Trade unions within the MEIBC
I refer to my circular of the 11 July 16 (attached) in respect of the matter above and accordingly confirm the following:
The above mentioned subject matter is the reference.
It has been brought to my attention by our legal department, that MEIBC General Secretary has never been required to sign parties agreements unless he is mandated by MANCO to request the Minister to extend the agreement to non-parties, he will then sign all relevant documents and send them to the Department of Labour.
As a valued stakeholder and partner of RMA, we are pleased to update you on our progress since our last interaction with you following the transfer of Class XIII from the Compensation Fund in 2015.
The National Union of Mineworkers (NUM) welcomes the Constitution Court judgment handed down today against AMCU's mischievous attempt to challenge a collective wage agreement which was signed between the Chamber of Mines and the majority trade unions in the gold mining sector in 2013.
There is email circulated alleging that MEIBC MANCO Meeting of the 6th December 2016 decided to liquidate the MEIBC this is not true, the following are correct facts about the Meeting:There is email circulated alleging that MEIBC MANCO Meeting of the 6th December 2016 decided to liquidate the MEIBC this is not true, the following are correct facts about the Meeting:
I take this opportunity to thank all MEIBC Parties in general, Management Committee in
particular and most importantly our MEIBC employees and extend my warm wishes for
Christmas and New Year to all of them and their family members
Kindly be informed that all MEIBC offices will be closing at 12h00 on Thursday, 15 December 2016 and re-open on the 03 January 2017. However between the 19 - 23 December 2016 all offices will be manned by a skeleton staff.
During the period of 27 December 2016 and 02 January 2017 all offices will be closed. (This is the period between Christmas and New Year).
We would like to take this opportunity to wish you and your loved ones a peaceful and a safe festive season.
Merry Christmas and a Prosperous New Year to you all…May 2017 bring new challenges and great opportunities and may we all return with renewed energy and limitless inspiration.
Many thanks
MEIBC EXCO is joining the peace loving and non racial society of our country who condemn racist behaviour demonstrated by the Middleburg suspects who attempted to lock a men inside a coffin. These backward extremists are a danger to our society and justice should take its course to correct such behaviour to encourage and educate those who are still trapped in the old regime, who still disrespect, undermine and hate fellow human beings based on the colour of their skin. We should all appreciate and encourage the rainbow nation culture and should be an exemplary to the younger and coming generation. History should judge us as a generation who managed to reconcile against all odds and moved forward as a united nation, considering the oppression faced by many during the past regime.
We enclose a guide schedule relating to the above.
The schedule has been designed in such a way that it can be emailed or faxed to employers/employees upon enquiry. The schedule will also be posted on the website (www.meibc.co.za) under the “news items” menu item.
This communication is in response to the dispute currently pending before the CCMA regarding scaffolding. It should be noted that on or about May 2016 Tedoc SGB Cape Joint Venture (Waco Africa) referred a demarcation dispute in terms of section 62 of the LRA. The MEIBC is a party to the demarcation dispute hence the decision to clarity its legal position in this regard.
In terms of Section 2A of the Public Holidays Act, Tuesday 27/12/2016 has been declared as a
public holiday.
This is due to the fact that this year workers in the country will only have 11 public holidays
instead of 12 because the 25th of December 2016 (Christmas Day) falls on a Sunday.
I refer to Neasa’s letter of 3 October 2016 to the Acting Registrar of Labour Relations with regard to matter
above and will address the issues raised seriatim.
Purpose: The purpose of this circular is to inform and update the industry about the Centre for
Dispute Resolution (CDR) services’ in addressing the baglog
The Council was financed by Administration Levies (Admin Levies), Dispute Levies and fees earned on
Collective Bargaining Levies (CBL) until 31 December 2012 when the industry agreement on CBL expired.
This agreement was never renewed.
DECLARATION OF PUBLIC HOLIDAY ON WEDNESDAY 3 AUGUST 2016 (VOTING DAY IN RESPECT OF MUNICIPAL ELECTIONS)
In terms of the Public Holidays Act, Wednesday 3 August 2016 has been declared as a public holiday and has been gazetted under Proclamation No. 45, 2016 in Government Gazette 40125 dated 8 July 2016.
It is a well-known fact that some of MEIBC parties campaign is to discredit and rubbish
all agreements concluded at the Bargaining Council, if those agreements are to be
extended to non-parties. This campaign started in 2011 when they went to court for the
first time. To this day they have lost every time except with respect to the 2011/4
agreement that was only set aside by the court after it had expired.
The MEIBC is hereby requesting that the industry collectively notify their members
that they should stop deducting Collective Bargaining Levy (CBL) from their
employees and if they have been paying this levy, they must also stop paying the levy.
FACTUAL BACKGROUND WITH REGARD TO THE PROCESSING OF THE REGISTRATION AND ADMINISTRATION EXPENSES COLLECTIVE AGREEMENT
DECLARATION OF THE THIRD DAY OF AUGUST 2016 AS A PUBLIC HOLIDAY
THROUGHOUT THE REPUBLIC OF SOUTH AFRICA IN TERMS OF SECTION 2A OF
THE PUBLIC HOLIDAYS ACT, 1994 (Act No. 36 of 1994)
The Special Manco of the Meibc on 29 June 2016 resolved to extend the period of operation of the Admin &
Expenses collective agreement which expired on 30 June 2016 for non-parties for a further period of 12
months from the date of publication of a notice to that effect by the Department of Labour.
An application to the DoL is in progress and it is envisaged that the said notice will be published during the
month of August 2016.
As you are aware the prescribed increases and new wage rates for the period 1/07/16 to 30/06/17 were gazetted in GG No. 38366 per GNR 1051 dated 24/12/14 and is binding on all employers in the Industry.
We enclose a copy of the self-explanatory circular which has been posted on our website www.meibc.co.za. The current wage tables for 2016-2017 on the website contain some discrepancies in comparison to the gazetted rates. These have now been removed and substituted with the wage tables attached to the circular (which are exactly the same as the gazetted rates).
I agree the MEIBC is in dire financial difficulty but it is interesting that Mr Papenfus is not indicating that the Council finds itself in this position mainly because of Neasa’s doing. Neasa has since 2012 blocked any financial injection to the council by way of increases to levies.
Purpose: The purpose of this circular is to inform the industry on the reinstatement of the Centre
for Dispute Resolution (CDR) services effective from 01 June 2016.
The following is factual information:
We refer to the above matter, in particular the alert issued by NEASA on Monday, 9th May
2016 in response to the Free Market Foundation (“FMF”) judgment delivered by the full
bench of the Pretoria High Court on Wednesday, 4th May 2016 wherein the High Court
confirmed that section 32 of the Labour Relations Act as amended (“the LRA or Act”) is
constitutional.
MEIBC recommends the 10/05/16' 702 podcast download, The Redi Tlhabi Show titled Minimum Wage with FMF & Researcher Ms Isabelle Frye"
702 John Robbie Interviews The General Secretary of The Council on Levy increase.......
In response to a number of allegations including the opinion piece by NEASA CEO, titled “MEIBC The demise of the Metal Industry Bargaining Council it only has itself to blame”.....................
Medupi and Kusile are both serviced by on-site Centres for Dispute Resolution (CDRs). These CDRs administer all disputes that arise on site in terms of the partnership agreement and the respective dispute resolution agreement................
The MEIBC is a significant labour market institution, and the largest bargaining council in the private
sector. It covers over 300 000 employees and over 10 000 Employers.
Medical Treatment And Hospitalisation For Injured Employees
CONSOLIDATED 2015/2016 LIFT ENGINEERING AGREEMENT
Dear Employers, Employees and Stakeholders
You may be aware, concerned and/or have heard rumors that the Bargaining Council is in
financial difficulties and/ or is supposedly on the brink of financial collapse.
Below are the main provisions regarding annual shutdown and the calculation of leave pay and leave enhancement pay – also referred to as leave bonus or annual bonus:
This popular pocket-sized publication has now been updated and re-published.
The Agreements appear in the same format as they have been gazette in the Government Gazette.
The publication includes:
The publication sells for R120.00 (vat inclusive) and is available from all our Regional Council offices (see “contact” schedule on the website).
(We suggest you phone the Regional Council beforehand)
The MEIBC Constitution Section 13 (1) described and defined the powers of the General Secretary.
13 (1) (The Council shall appoint a Council Secretary, whose duty it shall be to conduct the correspondence of the Council, attend all meetings of the Council and the Management Committee, record minutes of such meetings and circulate copies thereof to representatives and alternates. He shall keep such books of account as shall be prescribed by the Management Committee, and shall, in addition, perform such duties as may be assigned to him by the Council or Management Committee).
The MEIBC welcomes discussions and negotiations between Government on one side and Labour and Business who are both members of our Bargaining Council on the other.
These discussions have resulted in a joint statement being issued by both Labour and Business detailing the outcome of their engagement with Government. The MEIBC does not only welcome this it also commit itself to the outcome of these negotiations and we are prepared to assist wherever our assistance will be required.
Through the Office of the General Secretary we will be writing a letter to all parties concerned to congratulate them. The letter will also advice the parties that we remain a platform where further discussions on these matters can be processed and decisions taken by the parties be monitored and enforced where necessary.
Click this link to download...
The Minister of Labour has renewed the period of operation of this agreement for the period ending 30 June 2017 (to co-incide with the period of CCMA accreditation).
The Agreement has been published under Government Notice R.720 in Government Gazette 39100 dated 14 August 2015 with effect from 24 August 2015 and a copy of the gazette is available on the website.
This Agreement sets out procedures to be dealt with in dealing with disputes by our Centre for Dispute Resolution.
The updated consolidated Agreement is also on the website.
Should you have any further enquiries, please contact our Centre for Dispute Resolution at (011) 834-4660.
In the Metal and Engineering Industries Bargaining Council’s Certificate of
Registration as varied by the Registrar of Labour Relations on 14 May 2009 the “Iron,
Steel, Engineering and Metallurgical Industries” is defined as:-
Kindly be advised that the Minister of Labour has renewed the Registration and Administration Expenses
Agreement which provides for the payment of Council levies. The Agreement has been published under
Notice R.758 of 2015 in Government Gazette 39043 dated 31 July 2015 with effect from 10 August 2015.
Please click this link for the Government Gazette 39043...
The council is pleased to advise that the parties to the Lift Engineering Agreement has concluded a one year settlement Agreement for period 1 July 2015 to 30 June 2016.
Metal And Engineering Bargaining Council has in terms of section 127 of the labor relation act, 1995, been accredited to perform dispute resolution functions subject to the terms attached.
Wage increases effective from 1 July 2015 have been finalised in accordance with the
wage model agreed with the trade unions in 2014. The increases range from 7.5% at
Rate A to 10% at Rate H. There are no further changes to employment conditions.
The office of the General Secretary of the Council has been inundated with queries regarding the
jurisdiction of the Centre for Dispute Resolution (CDR) to preside over disputes that have been
referred by parties to its offices. I would like to take this opportunity to clarify this issue for those who
seem to be unclear about the status quo.
Please click here fot the Certificate of Accreditation of Council...
NOTICE IN TERMS OF SECTION 32(2) READ WITH SECTION 32(6)(c) OF THE LABOUR
RELATIONS ACT, 1995: THE REGISTRATION AND ADMINITRATION EXPENSES COLLECTIVE
AGREEMENT OF THE METAL AND ENGINEERING INDUSTRIES BARGAINING COUNCIL
The Government Gazettes, Nos. 37826 and 38044, released by the Department of
Labour served to inform all employers who fall within Class XIII of the transfer to Rand
Mutual Assurance (RMA) in terms of section 30 of the Compensation for Occupational
Diseases and Injuries Act (COIDA) from 1 March 2015.
The 2014 – 2017 Main Agreement has been gazetted under GN R1051 in GG 38366 dated 24-12-14 with effect from 5-1-15.
Acting Justice Watt-Pringle delivered his judgement at the Labour Court in case number
JR860/13 on 17 December 2014. The judgement sets aside the Ministers 12 April 2013
extension of the Main Agreement 2011/ 2013. This judgement has no bearing on the
current Main Agreement 2014/17, which remains valid.
This serves to advise all our Regional Managers, Senior Agents, Agents, MEIBC staff members
and the industry at large that subsequent to the notification received on Friday, 28 November
2014 that a judgment will be handed down on Monday, 1 December 2014, please receive the
attached judgment from the Labour Court and its summary herein:
The MEIBC from 2011 has lost a number of employees as a consequence of some taking on
new work; others due to retirement and others sadly have passed away. We wish those that
have moved on through retirement and new work the best of luck and our thoughts and prayers
are always with those colleagues who have passed away.
NEASA has launched an urgent application at the Labour Court to prevent the MEIBC from making a lawful submission to the Minister of Labour to extend the Main Collective Agreement.
We believe that NEASA has very little prospects of success and is attempting to subvert the powers provided to the Minister of Labour to consider such applications.
We have every confidence in the Minister of Labour and the courts to make decisions that are sound and fair.
In the event that the agreement is extended, any party and non-party bound by the agreement will be given sufficient and far opportunity to apply for an exemption. This process is legitimate and will ensure that no person or party is prejudiced.
This serves to advise all our Regional Managers, Senior Agents, Agents, MEIBC staff members
and the industry at large that the above matter was again postponed to Friday, 14 November
2014 therefore the matter continues to stand down until the above mentioned date.
NEASA went to Court to request the Labour Court to urgently interdict the Council and the
General Secretary from implementing both the 17 September 2014 and 8 October 2014
Management Committee meeting resolutions to request the Minister of Labour to extend the
agreement to non-parties as per Section 32 of LRA.
The MEIBC Management Committee (MANCO) Meeting held on the 17 September 2014 discussed and adopted the following resolutions that included a resolution that mandated the Office of the General Secretary of MEIBC in compliance with Section 32 of the Labour Relations Act of 1995, read with the MEIBC Constitution to take all steps necessary to request the Minister of Labour to extend the Collective Main Agreement, incorporating the provisions of the 29 July 2014 MEIBC Settlement Agreement and its annexures to non-parties that are within the scope of the MEIBC and operate within the scope of application of the agreement.
The MEIBC Management Committee (MANCO) meeting that was held on Tuesday, 09 September 2014 was postponed after some Parties have raised a concern that they were only given six days’ notice instead of seven days to prepare for this meeting as per the MEIBC Constitution. Some Parties raised the question of documents that were not part of the agenda pack.
After a bruising four-week strike in the metals and engineering industries, employers and trade unions today signed a historic three-year wage agreement ending the strike and opening the way for a return to work by thousands of striking workers across the country.
The Council is pleased to advise that the employer and trade union parties to the MEIBC have concluded a three year Settlement Agreement for the period 1 July 2014 to 30 June 2017 whereby wage rates will increase as set out hereunder:
Click the link below to dowload the circular
On the 1st July 2014, employees in the Metals and Engineering Industry commenced with protected industrial action following a dispute in the 2014negotiations. As a custodian of industrial relations in the industry, the MEIBC recognizes the rights of both employees and employers to embark on industrial action within the provisions of the law. In this regard, the Council urges both employers and employers to exercise their respective rights with the necessary restraint.
The Council notes with serious concern the negative impact that the industrial action brings to bear on employees and employers in the industry as well as on the South African economy as a whole. In this regard the Council is working consistently to ensure that the parties find an agreement and bring the industrial action to an end as soon as possible. The parties to the negotiations have displayed a sense of urgency and purpose in resolving the dispute. The Council is encouraged by this and is confident that with the co-operation of parties, a resolution will be found soon.
Plastic Negotiations meeting was convened on the 23 June 2014, the purpose of the meeting was to get employees response on trade unions proposals/ demands that was tabled in the last meeting.
The meeting of the 30th May 2014 was attended by two trade unions i.e. UASA and Solidarity hence there were apologies from SAEWA and SEIFSA Associations however employers were represented by NEASA, PCASA and Border Industry Associations.
Trade unions indicated that they will send their written consolidated response to PCASA’s proposals through the MEIBC office and this will be accompanied by trade unions demands.
Parties agreed to meet again to speak to these responses and unions demands. The next meeting was held on the 03 June 2014. Trade unions were represented by Solidarity, UASA and SAEWA; and employers were represented by PCASA, NEASA and Border Industry Associations.
The trade unions presented their demands and responded to questions of clarity from the employers and they also asked questions to be clarified by PCASA and raised their concerns around demands that seek to down vary conditions of employment.
Employers and PCASA in particular indicated that the next meeting of PNF can only be convened after their roadshow; in these roadshow they will be consulting their members on the trade unions response and demands.
Thulani Mthiyane
MEIBC response to Wiseman Khuzwayo Article dated 02 June 2014 Business Report, The Star News Paper
The wage and working conditions negotiations is the matter of MEIBC parties to resolve, the office is going to continue through facilitation to bring parties together around the negotiating table and try to bring them to a middle point that will lead to an industry agreement, hopefully this can be achieved without a strike.
1 March 2011
The Registrar of Labour Relations at the Department of Labour has cancelled the registration of the Consolidated Association of Employers of South Africa (CAESAR) as an employer's organisation. The deregistration of CAESAR was published in Government Gazette No. 32712 dated 20 November 2009. Download circular.
22 February 2011
The Plastics Converters' Association of South Africa (PCASA) has on the 1st of February 2011 tendered its voluntary resignation from the Metal and Engineering Industries Bargaining Council. The MEIBC has accepted the resignation of the PCASA with immediate effect. Click here for more information.
13 Jan 2011
The metal and engineering landmark multi-year industry wage settlement agreement will expire in June 2011. The Council is currently making preparations for the facilitation of negotiations between the employer and employee parties.
13 Jan 2011
Proposed amendments to the labour and employment laws have been published by the Department of Labour and comments are invited. Visit www.labour.gov.za to view the Labour Relations Amendment Bill, the Employment Equity Amendment Bill, the Basic Conditions of Employment Amendment Bill and the newly introduced Employment Services Bill and to submit your comments to the Department of Labour.
1 Nov 2010
Click here to view the provisions of the leave enhancement pay as well as calculation guidelines.
22 September 2010
Applications for exemption in respect of payment of leave enhancement pay must be submitted to the relevant MEIBC regional office by 1 November 2010. For further information please contact the Regional Council office in your area. Click here to view the exemption process.
25 August 2010
From 1 October 2010, the Technological Fund contributions will increase from R1.21 to R1.29 per employee per month. Read more.
The parties to the Metal and Engineering Industries Bargaining Council (MEIBC) will commence the 2014 Industry negotiations on wages and other conditions of employment in the metal and engineering industries.
Pre-Bargaining Conference - Notice Of 2014 Industry Wage Negotiations
Any expressions used herein which are defined in the Labour Relations Act, No.66 of 1995, shall have the same meaning as in the Act, and any reference to an Act shall include any amendments to such Act: further, unless inconsistent with the context
There has been some confusion created by NEASA as to the ability of the council to enforce the wage schedules for the period 2012/13 and 2013/14. The MEIBC differs with the position adopted by NEASA and maintains that it is in the position to legally enforce the wage schedules for the period 2012/13 and 2013/14. We set out in this circular a comprehensive justification for our position, as informed by our legal advisors.
Trade Unions and employers’ parties presented their demands / proposals and networked at the conference, so far things have gone according to plan of the office and its team.
We hope this journey that started yesterday will lead us to speedy conclusion of these negotiations without a strike. We strongly believe in capabilities and skills of our parties appointed facilitator.
The National Office Bearers (President and Deputy President), the General Secretary, supported by the Executive Committee of the Bargaining Council and guided by the Council’s Constitution took a decision to urgently convene this Special Annual General Meeting.
You are reminded that applications for exemption in respect of Leave Enhancement Pay must be submitted by 31 October 2013.
Please contact your local Regional Council office for further details.
A guide schedule on the calculation of leave enhancement pay will be posted shortly (refer to Clause 14 of the Main Agreement).
The MEIBC was formed in 1944 and at that time was known as the National Industrial Council for the Iron, Steel, Engineering and Metallurgical Industries (‘the Industrial Council’). The Industrial Council was registered as a bargaining council in terms of the LRA on 11 November 1996
In terms of the Government Notice 12 of 2014 in Government Gazette 37376 dated 25 February 2014, Wednesday 7th May 2014 Election Day has been declared as a public holiday. It has simultaneously been declared a public holiday in terms of Government Notice 13 of 2014 in Government Gazette 32376 (dated 25 February 2014)