In terms of Chapter 8 of the Basic Conditions of Employment Act. 75 of 1997, section 51, the Minister may make a sectoral determination establishing basic conditions of employment for employees in a sector and area.
In terms of Part C, section 27 to 34 of the Labour Relations Act 66 of 1995, one or more trade unions and one or more employer’s organisations may establish a bargaining council for a sector or area by (a) adopting a constitution that meets the requirements of section 30 and to (b) obtain registration of the bargaining council in terms of section 29.
The security sector has grown into a vast industry and plays an active and significant role in almost all the workplaces and industries in South Africa. Where the Security Industry was previously regulated by Chapter 8 of the BCEA, Sectoral Determination 6, it now forms part of the National Bargaining Council for the Private Security Sector, which is extended to non-parties of the Main Collective Agreement. This agreement was signed by Minister TW Nxesi on the 17th February 2020 and was published in Government Gazette number 43036.
All the provisions contained in the previous applicable Sectoral Determination were almost verbatim included in the Main Agreement. However, this agreement now supersedes the Sectoral Determination 6, and all provisions gazetted under the Sectoral Determination for Security, 6.
What is essential for our CEO members to note is the following provisions that were not in the Sectoral Determination 6 and now form part of the Main Agreement of the NBCPSS, of which CEO and its members are part.
Once gazetted, it became compulsory to comply with the provisions.
- Hospital Cover by Affinity Health: The employer will contribute R100 per month for each employee, and the employee will pay the balance of the total cost of the approved hospital cover plan that came into existence from 2020 – until 1st March 2022, and which will be increased to payment of R150 per employee from the employer in the 3rd year of this agreement.
- The amendment of the BCEA, 75 of 1997, which now includes section 25A, also makes parental leave provision. The employer will pay for five days, and an additional five days may be taken, provided that payment for these five days will have to be claimed from the Unemployment Fund.
- A security officer shall be entitled to a Premium Allowance, starting with R175,00 pm in the first year of the agreement, R275,00 pm in the second year and R439,00 pm in the third year.
- Levy contributions of R7,00 for employees listed in section 35(1)(b) i and ii, and R2,00 for employees not listed. The employer will contribute the same amounts for each employee monthly. These payments must be made on or before the 7th of each month to avoid a compliance order. The employer must also submit levy return forms electronically. These levies will cover the Council’s admin costs and Dispute Resolution costs. The Council shall pay contributions into a separate bank account, which will be administrated by Council.
- Section 36 of the Agreement now declares the Council as the exclusive forum for the negotiations and conclusion of agreements on substantive issues between employers and employers’ organisations on the one hand and unions on the other hand. Therefore no union and its members may call a strike, and no employer or employers’ organisation and its members may impose a lockout or in any way seek to induce or compel negotiations on the issues referred to above at any level, other than through the Council.
- During the annual meeting on the 23rd August 2021 of the Council, CEO was welcomed as a member of the Council.
- The NBCPSS also has been accredited by the CCMA to perform dispute resolution functions, including conciliations and arbitrations. A panel of Commissioners have been appointed as per its Constitution (11.14.3) and will be dealing with compliance and dispute resolutions.
- Employers may apply for exemption from this agreement, which an Independent Exemption Committee will adjudicate.
The Agreement will be effective for a period of three (3) years, terminating in 2023.
Article by: Maretha van Rooyen
Dispute Resolution Official – Durban