Important/Urgent Metal Industry Alert

IMPORTANT / URGENT!!

METAL INDUSTRY ALERT

 
Great works are not performed by great strength but by perseverance – Samuel Johnson
 
Dear Industry Employer

The new year has commenced with a bang. Since our last communication in December there were drastic developments which will require your and our extremely urgent and well considered attention.
 
In respect of all the issues listed herein, we suggest that you do not act hastily, or at least not until we have properly advised you, on all these issues. Please follow our newsletters in respect of these issues studiously during the course of today and the next few days.
 

LABOUR COURT DECLARES EXTENSION OF 2011/14 INDUSTRY MAIN AGREEMENT INVALID
 
In a Labour Court judgement on 17 December 2014, the Court set aside the 2011/14 extension of the Metal Industry Main Agreement to non-parties. In a future newsletter we will spell out the potential consequences of this judgement.
 
 
MINISTER EXTENDS ILLEGALLY AND UNCONSTITUTIONALLY OBTAINED JULY '14 SEIFSA/TRADE UNION AGREEMENT TO NON-PARTIES  
 
Since the Department of Labour, already during the negotiations, gave Seifsa and the trade unions an undertaking to extend whatever they presented to the Minister, it came as no surprise that the Minister has extended the 2014/17 Seifsa/trade union settlement agreement to non-parties/the rest of the Industry with effect from 5 January 2015. We will expeditiously spell out the consequences hereof, and the intended actions in this regard.

As a result of this extension, employers who have, until now, conducted the lock-out, must allow locked-out workers to return to work immediately. Since we wish to communicate individually with employers in this regard, please click here to notify us of the particulars of the employers concerned.

NUMSA UNCONDITIONALLY ACCEPTED NEASA 2014 DEMANDS

During the course of December 2014, NUMSA unconditionally accepted NEASA's demands tabled at the 2014 negotiations, ie: a 7 percent wage increase, a 50 percent reduction in the minimum wage iro newly appointed employees on grades F, G and H, a completely revamped exemptions policy and leave enhancement pay (LEP) calculated on hours actually worked. 

The 23 December 2014 Labour Court judgement has however created legal uncertainty and we will communicate with employers in this regard expeditiously.

LEAVE ENHANCEMENT PAY (LEP) OBLIGATIONS

In light of the setting aside of the extension of the 2011/14 Main Agreement to non-parties and the extension of the 2014/17 Main Agreement, only with effect from 5 January 2015, we will expeditiously communicate with employers regarding their LEP obligations in respect of the period 2011-2014.

MEIBC REQUEST TO MINISTER TO EXTEND 2014/17 MAIN AGREEMENT: NEASA OBTAINED LEAVE TO APPEAL

On 18 December 2014 the Labour Court granted NEASA leave to appeal an earlier decision by the Labour Court which permitted the MEIBC to request the Minister to extend the 2014/17 Seifsa/trade union agreement. NEASA will persue this matter on an urgent basis and will attempt to have this matter heard by the Labour Appeal Court in January or at least early February of this year. The consequences of a successful appeal will be communicated to you in due course. 
 
Regards

Gerhard Papenfus