PRE S E NTAT I O N TO T HE 25 T H ANNUAL L ABO UR L AW CO NF E RE NCE 2012
1 – 3 AUG US T 2012S ANDTO N CO NV E NT I O N CE NT RE
The Benefits of CCMAIntervention in Wage
Disputes
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
20082009
20102011
2012
2013 YTD
50%
60%
84% 82%
99% 100%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
2008 2009 2010 2011 2012 2013 YTD
59%55% 54%
56%
63%
74%
TRACK RECORD – ALL MUTUAL INTEREST DISPUTES
2008 2009 2010 2011 2012 2013 YTD
57%
60%
63%
57%
61%63%
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)
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 ProcessA 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 First