The A – Z of the Main Agreement workshop
About the workshop
The workshop will discuss:
• the industry collective bargaining structure and process,
• the role and objective of the Main Agreement,
• the role and objective of the MEIBC,
• wage increases and minimum rates of pay,
• various types of employment relationships, such as labour brokers, limited duration contract workers, and,
• the A to Z of the conditions of employment for employees covered by the Main Agreement, including:
The workshop programme:
• Wage rates and the wage exemption procedure
• The three year deal, the no-strike clause and protection against plant level bargaining
• Load shedding, power outages and other unforeseen contingencies – utilising section 7 (Short-time) to your advantage
• Alternative employment relationships and the LRA’s three months deeming clause which falls on 1 April 2015
o Limited Duration Contracts (LDC / FTC)
o Labour broker services (TES)
o Independent Contractors
o Temporary employees
• Payment for overtime, Public Holidays, Sunday pay and shift allowances, including flexible working time arrangements
• Calculation of shifts for leave and leave enhancement pay
• Family responsibility leave / Managing sick leave and invalid sick notes
• Maternity leave
• Standby and call-out allowances
• The Sick Pay Fund benefits, including sick benefits, maternity and adoption benefits and compassionate leave
• Annual leave pay and leave enhancement pay including the annual shutdown
• Injury on duty provisions
• Retrenchment, lay-offs and severance pay and short-time provisions
IF NOT THE MAIN AGREEMENT – THEN WHAT ELSE?
As an employer in the Metals and Engineering Industry how do you navigate through periods of load shedding, no-work or needing to lay employees off?
THERE IS NO GUIDANCE FROM BCEA ON:
• How to manage load shedding?
• How to implement short-time?
• How to implement lay-offs?
AND WHEN BUSINESS CONDITIONS IMPROVE?
• What allowances or premiums do you pay when wanting to introduce a 2nd or 3rd shift?
• If you want certification to work in excess of 10 hours a week overtime who do you apply to?
• How do you respond to employees demands for more money?
IF YOU ELECT TO IGNORE THE MAIN AGREEMENT, AS IS YOUR RIGHT!
Hopefully you have a group of understanding employees who accept your management’s prerogative OR you’ve just unwittingly opened the door to potential unionization and plant level bargaining
• Can you negotiate a better deal than the Main Agreement on your shop floor?
• Is the Main Agreement, with all its purported short-comings, from your perspective, better or worse, than not having any agreement at all?
GET THE FULL PICTURE!
• Why the Main Agreement?
• Realistic alternatives to the Main Agreement?
• Benefits and Disadvantages of aligning oneself to the Main Agreement
• Understanding the Main Agreements comprehensive terms and conditions of employment
• Including a section on TES’s or Labour Brokers and the non-applicability of the Constitutional Court Judgment on Deeming when utilizing a Labour Broker that is aligned to the Main Agreement
• Understanding the checks and balances contained in the Main Agreement to cater for circumstances where certain relief is needed from any provision contained in the Main Agreement; and
• Finally, understanding the protection against plant level bargining clause on your shop floor
KNOW YOUR MAIN AGREEMENT
Michael Lavender joined SEIFSA in 1991 as an Industrial Relations Advisor. He has held various positions within the Industrial Relations Division, including Senior Industrial Relations Advisor and Industrial Relations Services Training Manager, and was appointed to the position of Industrial Relations Manager in 2013.