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    I am confused.  What is the difference between the Bargaining Council and the CCMA?  Can I just decide to use either or is there a reason to refer to one and not the other?

    #710 Reply

    The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils in South Africa both play crucial roles in resolving labor disputes, but they have distinct functions and jurisdictions:

    CCMA (Commission for Conciliation, Mediation, and Arbitration)

    • Jurisdiction: The CCMA is a national body that handles labour disputes across various sectors, especially where no specific Bargaining Council exists.
    • Functions: It provides services such as conciliation, mediation, and arbitration to resolve disputes between employers and employees. The CCMA also deals with issues like unfair dismissals, unfair labor practices, and collective bargaining.
    • Accessibility: Any employee or employer can refer a dispute to the CCMA, making it widely accessible.

    Bargaining Councils

    • Jurisdiction: Bargaining Councils are sector-specific and operate within particular industries or sectors. They have jurisdiction over disputes within their registered scope.
    • Functions: In addition to resolving disputes through conciliation and arbitration, Bargaining Councils also negotiate collective agreements, establish industry standards, and manage funds for benefits like pensions and medical aid.
    • Membership: They are formed by employer organizations and trade unions within a specific sector. Disputes involving parties within the scope of a Bargaining Council must be referred to that council rather than the CCMA.

    In summary, while both the CCMA and Bargaining Councils aim to resolve labour disputes, the CCMA serves a broader, national role, whereas Bargaining Councils focus on specific sectors and industries.

    Hope this summary may help…

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