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Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Bargaining Councils Accredited by the CCMA

General Notice 1987 of 2023

Bargaining Councils accredited to conduct Conciliation and Arbitration, subject to conditions where applicable

 

(RENEWAL OF ACCREDITATION AS WELL AS THE SUBSIDY AMOUNT PAYABLE PER CLOSED CASE IS R736.75 AS FROM 01 APRIL 2023 (FOR 2023/2024 FINANCIAL YEAR ONLY))

 

Name of Council

Accredited Functions

PRIVATE SECTOR BARGAINING COUNCILS

 

National Bargaining Council for the Civil Engineering Industry

Accredited for conciliation and arbitration (which includes inquiry by arbitrator) from 01 September 2023 until 31 August 2026 on condition that the Dispute Resolution Agreement is extended to non-parties. Subject to the terms set out in the accompanying attachment.

Building Industry Bargaining Council – (Southern and Eastern Cape)

Accredited for conciliation and arbitration from 01 October 2023 until 30 September 2026 subject to the terms set out in the accompanying attachment.

 

 

 

 

PRIVATE AGENCY ACCREDITED TO CONDUCT CONCILIATION AND ARBITRATION, SUBJECT TO CONDITIONS WHERE APPLICABLE (RENEWAL OF ACCREDITATION OF PRIVATE AGENCY) - FOR THE PERIOD 01 AUGUST 2023 TO THE 31 JULY 2026.

 

Name of Agency

Accredited Functions

PRIVATE AGENCIES

 

Compliance Matters (Pty) Ltd

Accredited for conciliation and arbitration (which includes inquiry by arbitrator) from 01 August 2023 until 31 July 2026 on condition that all CCMA efficiencies are adhered to. Subject to the terms set out in the accompanying attachment.

 

PRIVATE AGENCIES MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51):

 

Unfair dismissal disputes

- Section 191

Unfair Labour practice

- Section 191

Interpretation of Collective Agreement disputes

- Section 24(1)

Inquiry by Arbitrator

- Section 188A

Regulation of non-standard work

- Section 198, 198A, 198B, 198C and 198D

 

PRIVATE AGENCIES MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51):

 

Organisational rights (sections 16, 21 and 22);

 

Collective Agreements where the agreement does not provide for a dispute resolution procedure or the procedure is inoperative or any party frustrates the resolution of disputes (section 24(2) to (5));

 

Agency shops and closed shops (section 24(6) and (7) and section 26(11);

 

Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45);

 

The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61(5) to (8));

 

Demarcation of sectors and areas of Councils (section 62);

 

The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E (Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63);

 

Picketing (section 69(8) to 10);

 

Proposals which are the subject of joint-decision making in a workplace forum (section 86);

 

Disclosure of information to workplace forums (section 89);

 

Interpretation or Application of the provisions of Chapter 5 of the LRA which deals with workplace forums (section 94);

 

Enforcement of the Collective Agreements by Bargaining Councils (section 33A) and;

 

Enforcement of arbitration awards in terms of section 143. Only the Director of the CCMA, unless the power has been delegated to a CCMA Senior Commissioner may certify awards as if it were an order of the Labour Court;

 

Facilitating mass retrenchment disputes section 189(A).