The National Union of Mineworkers (NUM) welcomes a ruling by the CCMA regarding the equalisation of Conditions of employment, benefits, policies practices and agreements between NUM and two Exxaro Resources subsidiaries, namely, Exxaro Coal (Pty) Ltd and Exxaro Coal Mpumalanga (Pty) Ltd.
The CCMA ruled that the Organisational Alignment, packing and unpacking systems are matters falling in the dispute of mutual interests and therefore, the NUM has the right to strike for the two, except the timelines as well as the Mining house coordinator. It is on this basis that the CCMA issued a certificate of Non-resolution.
The NUM declared a dispute on 27 August 2014 and referred the matter to the CCMA for conciliation. The basis of our dispute was on the last four remaining issues which are:
- Organisational Alignment
- NUM Mining house coordinator;
- Implementation timelines of the equalised conditions of employment; and
- Bargaining unit with regard to the package or non-package remuneration system for employees on C4 and C5 who are on different remuneration system in these two Exxaro subsidiaries.
However, the employers raised a point in line which was set down on 28 July 2015, arguing that the CCMA does not have the jurisdiction to conciliate the current dispute because the equalisation process was governed by a collective agreement which is binding on both parties and any dispute arising from the equalisation process should be arbitrated in terms of that agreement. On the other hand, the NUM argued that the CCMA do have the jurisdiction not only to conciliate on those matters but also to issue a certificate of Non-resolution because the issues under dispute were not listed in the agreement at the time it was signed, and therefore were not known upfront, so they are items of mutual interest.
"We call on the company to stop intimidating our members with continuous information briefs and just do the right thing, which is to equalise without wasting any time. Our members have long been ready to go on strike and break this cheap labour syndrome and the daylight cheating tactics," said Eddie Majadibodu, NUM Chief Negotiator at Exxaro Coal.
For more information contact, Please contact
Eddie Majadibodu: NUM Chief Negotiator at Exxaro Coal: 082 809 3227
Livhuwani Mammburu: Acting NUM National spokesperson: 083 809 3257
The National Union of Mineworkers
7 Rissik Street.
Tel: 011 377 2111
Cell: 083 809 3257