Councils position with regards to the PCASA circular

“The stop press 52 notice issued by PCASA on 11 July 2012 refers:”

The Bargaining Council confirms the following pertinent point with regards to the above:

1. The Plastics Converters’ Association of South Africa [PCA (SA)] has, in writing, on 1 February 2011 tendered its voluntary resignation from the Metal and Engineering Industries Bargaining Council, which the MEIBC accepted with immediate effect.
2. Despite the resignation and subsequent withdrawal of the PCASA as a party to the council, all firms active in plastics sector, as defined in the Main Agreement Collective Agreement, whether registered or not with the MEIBC continue to fall within the registered scope of the council.
3. It therefore must be noted, regardless of communication issued by the PCA (SA) to the contrary, that the council’s agreements continue to apply to all plastics firms.
4. Furthermore, it must be noted that the MEIBC Industry Agreement has been legally extended to all non-parties by the Minister of Labour for the period 26 September 2011 to 30 June 2014.
5. This agreement does not create any window period for the period 1 July 2012 to 31 July 2012.
6. The agreements of the MEIBC remain valid and enforceable during this period.
7. The MEIBC has the legal right, in terms of Section 33A of the Labour Relations Act, to enforce all its Collective Agreements on any non-complaint firm.
8. It must be noted that designated agents of the MEIBC have specific powers to ensure compliance with council agreements including the authority to enter any premises in order to validate compliance with council agreements (in terms of Section 33 of the LRA read with Schedule 10 of the Act).
9. The MEIBC as is its legal duty and in the interests of fair labour practice will therefore
   continue to monitor and enforce collective agreements.
10. The MEIBC encourages businesses to comply with their legal obligations and avoid unnecessary litigation and industrial unrest in industry.

Should you have any queries kindly contact the regional manager in your area