The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils.
Additionally, South Africa’s high unemployment rate is one of the biggest challenges, as most companies are still recovering and cannot afford to recruit new employees. While obtaining a certificate of representativity is a statutory requirement for bargaining councils to function for parties to negotiate on behalf of their members, achieving and maintaining representative status remains a significant hurdle for many bargaining councils due to declining membership figures.
To obtain a certificate of representivity, the bargaining council must undergo a verification process. This entails that the bargaining council must verify its membership figures with all the relevant parties involved and submit them to the Department of Employment and Labour for final approval. This verification process may include audits or other verification forms to ensure the membership data’s accuracy and completeness. Once the Department of Employment and Labour is satisfied that the council represents most workers and employers within the specific sector, it will issue the certificate of representativity. This certification empowers trade unions and employer organisations to engage in collective bargaining, including wage negotiations, on behalf of their respective members. The certificate serves as official recognition of the council’s authority and status to represent the interests of the majority of workers and employers in the industry.
To facilitate dispute resolution processes, such as conciliation and arbitration, bargaining councils must obtain accreditation from the CCMA in compliance with the Labour Relations Act. This accreditation is typically valid for a specified period. Furthermore, a certificate of representativity is not evergreen in nature and has a limited validity period. Therefore, to ensure the council’s continued ability to extend the main collective agreement to non-parties, member levels must be maintained to satisfy the requirements for certificate renewal. The certificate of representivity is a pivotal element of South African bargaining councils as it serves as a crucial validation of a council’s authority to represent the industry.
Maintaining representative status is a continuous challenge when trade unions or employer organisations within a council lose their representative capacity. This could trigger a series of adverse consequences. One potential outcome is the dissolution of the council itself, which would dismantle the established framework for collective bargaining and dispute resolution.
Additionally, the inability to extend collective agreements to non-parties could undermine the very essence of centralised collective bargaining. This could lead to a fragmented labour market, where different employers within the same sector may apply varying terms and conditions of employment. Such a scenario would not only create an uneven playing field but also erode the benefits of industry-wide bargaining, such as standardised wages and working conditions. In conclusion, the certificate of representativity is essential for ensuring the effective functioning of bargaining councils and protecting the industry by maintaining representative status. By remaining representative and having an up-to-date certificate of representivity, bargaining councils can safeguard the integrity of collective bargaining and promote a fair and equitable labour market.
Article By Ernest Masupye
Senior Collective Bargaining Co-ordinator at Consolidated Employers Organisation (CEO SA)