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MEIBC agent’s right to enter premises

Sep 16, 2014



MEIBC agent’s right to enter premises 

Unless they are inspecting compliance with the provident fund-, the dispute levy- and the administration agreement, they cannot enter an employers premises

Dear NEASA member

NEASA has received a number of queries regarding the right of agents from the Metal and Engineering Industries Bargaining Council to enter the premises of employers, now that an agreement has been signed by some of the parties.
In terms of schedule 10 of the Labour Relations Act an agent of a bargaining council may enter the premises of an employer in order to monitor compliance with a collective agreement concluded in a bargaining council.
The settlement agreement that was recently entered into by Seifsa and the trade union parties to the Council is simply a party agreement and binds only Seifsa members. In order for the agreement to bind any other party it has to be extended to non-parties by the Minister of Labour. At this stage a request by the Council to the Minister to that effect has not been lodged. 
The effect of this is that there is currently no main agreement to be enforced by the Council and therefore agents of the Council have got no right to enter the premises of an employer, not affiliated to Seifsa, in order to inspect compliance with any part of the main agreement.
It should however be noted that other agreements, most notably the Provident Fund Agreement, the Dispute Levy Agreement and the Administration Agreement are still currently in place and agents may only enter the premises of employers to inspect compliance with these agreements.
Any request by an agent to inspect any records pertaining to issues contained in the main agreement may be refused.

Kind Regards

Jaco Swart
National Collective Bargaining Coordinator


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