Unlocking Growth and Transformation in South Africa's Furniture Industry
Membership Application
Furniture Bargaining Councils, an Introduction
In South Africa, Furniture Bargaining Councils play a crucial role in the labor relations landscape, as defined by the Labor Relations Act of 1995. These councils are established to facilitate collective bargaining between employers and employees within the furniture manufacturing and retail sector. The primary objective is to promote fair labor practices, prevent labor disputes, and ensure the establishment of industry-specific employment conditions.
By bringing together representatives from both the employer and employee sides, Furniture Bargaining Councils provide a platform for negotiations on matters such as wages, working hours, benefits, and other employment conditions. This collaborative approach aims to foster a balanced and harmonious relationship between employers and workers in the furniture industry, contributing to stable industrial relations.
Furthermore, the Labor Relations Act of 1995 outlines the legal framework within which these Furniture Bargaining Councils operate. The Act provides guidelines on the registration, composition, and functions of these councils, emphasizing the importance of promoting social dialogue and resolving disputes through negotiation rather than industrial action. The Act also grants legal recognition to collective agreements reached through these bargaining processes, giving them binding authority. In this way, Furniture Bargaining Councils play a pivotal role in upholding the principles of fair labor practices, promoting social justice, and contributing to the overall stability of the furniture industry’s employment relations in South Africa.
It is a legal requirement in the Labour Relations ACT of 1995 to be part of a Bargaining Council.
An employer is legally obligated to register with a specific bargaining council, if the core function of the employer is prescribed in the geographical and operational scope of application of such bargaining council.
The employer must also comply with the terms and conditions as set out in the prevailing collective agreements of the bargaining council. The collective agreement, when extended to non-parties, becomes sub-ordinate legislation.
Who is considered a Furniture Manufacturer that have to comply with this legislation?
In terms of the Registered Scope and Constitution of the Council, any employer with or without employees, who are associated for the manufacture, either in whole or as a complete unit or in part as a component or components, of all types of furniture and bedding as well as upholstery and /or re-upholstery.
Furniture
Repairing, staining, spraying, polishing, re-polishing, making loose covers and/or cushions, wood machining, veneering, woodturning, carving, assembling, painting, wood bending and laminating. Furniture manufacturing will also include the manufacturing, installation, repairing, polishing, re-polishing, staining, spraying of pianos, organs, movable room/office partitions, kitchen cupboards, kitchen cupboard tops, kitchen cupboard components (irrespective of materials used), attached wall cupboards, built-in cupboards, built-in cupboard components, free standing bars or built-in bar counters, cane, wicker or grass furniture, cabinets including cabinets for musical instruments and radios, wireless or television cabinets, bathroom cupboards, any other cupboard tops and furniture for tea-rooms, restaurants, offices, churches, schools, libraries, other educational institutions, conference centres, theatres, shop fitting, office fitting and bank fitting, which includes the manufacture and/or fixing of shop fronts,
window enclosures, showcases, counters, including point of sales counters, screens, interior fittings and fixtures and any form of shelving, irrespective of the materials used.
Bedding
The manufacturing, repairing, covering, re-covering of mattress bases, mattresses, spring mattresses, overlays, bolsters, pillows, cushions for studio couches, spring units, box-spring mattresses and studio couches, but excluding the manufacturing of bedding made mainly of metal and/or plastic materials.
“Studio Couch” means an article of furniture, which is designed for seating and for conversion into a double bed or two or more beds and of which the frames are constructed mainly of metal and the seating and/or sleeping surfaces consist of mattresses and /or cushions.
Upholstery
The upholstering or re-upholstering of any furniture, or item of furniture, bedding, pelmets and mattress bases.
At what point should a Manufacturer register with the Bargaining Council?
A manufacturer shall within one month of commencement of operations with or without employees register with the Furniture Bargaining Council.
Application process
A manufacturer shall forward to the bargaining council a completed registration form, obtainable from the council or a designated agent and pay a registration fee, upon which a registration certificate will be issued to the manufacturer/establishment.
Exemptions are sort on any clauses / contributions contained in the Main Collective Agreement.
1. A manufacturer shall forward to the bargaining council a completed exemption form, obtainable from the council or a designated agent
2. Council is required to hear and pronounce 30 days after receipt of a completed exemption application pack.
3. All councils are obliged to establish an exemptions body and independent exemption appeal bodies to consider all applications for exemption from the provisions of the collective agreement and to hear and decide as soon as possible and according to the prescribed criteria, any appeal against the bargaining council’s:
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