Johannesburg – Strikes that threaten national interest or are at risk of being drawn out longer with economic consequences, can now be nipped by the Commission for Conciliation, Mediation and Arbitration (CCMA).
This is according to a statement on the progress made on the Farlam Commission’s recommendations by various government departments. President Jacob Zuma highlighted the additional powers granted to the CCMA to intervene on strike action.
Previously News24 reported that government had been working on implementing the recommendations. The president appointed the commission to investigate the incident at Lonmin Mine in Marikana which led to the deaths of 34 miners four years ago.
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“The recently amended Labour Relations Act (LRA) empowers the CCMA to intervene if a strike threatens the national interest and or if it carries the risk of becoming protracted,” stated Zuma.
This came about from the stakeholder engagements led by Deputy President Cyril Ramaphosa. This is in his capacity as chairperson of the Committee of Principals for the National Economic and Development Labour Council (Nedlac).
Among the agreements reached include the recognition of strike balloting, the introduction of a "public interest" clause to the LRA and a National Minimum Wage (NMW).
The amended LRA also gives the CCMA power to intervene in instances of violence which may negatively impact public interest. The CCMA can also assist parties to conclude picket rules or even “impose” picket rules if parties fail to agree.
Zuma added that Nedlac has made progress in addressing strike-related intimidation, where a minority union “seeks to compel” the majority to join the strike. Other initiatives include the Multi-stakeholder Rustenburg Peace Accord in the Platinum Belt.
Wage disparities
The amended LRA, Basic Conditions of Employment Act and the Employment Equity have made provision for equal pay for work of equal value, stated Zuma.
Further, since 2013 collective bargaining in the platinum sector has become centralised. This means all platinum companies would negotiate centrally.
READ: SA platinum producers dodge strike bullet
Fin24 previously reported that platinum mines, Anglo, Impala and Lonmin all reached three-year wage agreements with the Association of Mineworkers and Construction Union (Amcu) while avoiding a strike. At all three companies, Amcu agreed to an increase in basic pay ranging from 7% to 12.5% for each of the three years. This deal was applied to all unions.
The amended labour law also allows for collective bargaining to serve as a platform that addresses the wage gap between executives and workers, stated Zuma.
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Zuma also referred to the NMW of R3500 which was recently proposed to address poverty issues as well as reduce inequality and unemployment. This wage level as well as findings by a team of experts is in discussion among stakeholders, who will reconvene to determine the final NMW going forward.
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