National bargaining council for the private security sector – implementation of bargaining council dispute resolution centres

The National Bargaining Council for the Private Security Sector (NBCPSS) has resolved the implementation of the dispute resolution centres to deal exclusively with disputes relating to the employment relationship between employers and employees in this sector.

Previously the NBCPSS has in terms of Section 127 of the Labour Relations Act of 1995, been accredited to perform dispute resolution functions, subject to the conditions as imposed by the Governing Body, with a validity period from the 1st of August 2021 to the 23rd February 2023. However, the NBCPSS did not during this period have the necessary facilities and process in place to implement such functions and therefore all disputes have been referred to and dealt with by the CCMA for consideration and adjudication.

The implementation of these processes and facilities means that disputes on which the NBCPSS has jurisdiction must be referred to the independent bargaining council as from the dates set out here below for the specified provinces:

  • KwaZulu-Natal and Limpopo – 1 September 2022
  • Northern Cape and Mpumalanga – 24 October 2022
  • North West and Western Cape – 1 November 2022
  • Eastern Cape and Free State – 1 September 2022
  • Gauteng – 1 November 2022

The bargaining council will have jurisdiction on the following matters:

  • Unfair dismissal disputes – Section 191
  • Unfair Labour practice – Section 191
  • Mutual Interest disputes – Section 64
  • Interpretation of Collective Agreement disputes – Section 24 (1)
  • Essential Services disputes – Section 74
  • Inquiry by Arbitrator – Section 188A
  • Temporary Employment Service – Section 198, 198A, 198B, 198Cand 198D
  • Disputes about Interpretation and – Section 9
  • Application of Chapter 2

The bargaining council does not have accreditation to hear disputes regarding section 73A (Failure to pay money) and certain collective bargaining disputes as well as facilitation of section 189A (large scale retrenchments) and such matters must still be referred to the CCMA.

Organised labour and organised employers and their representatives in the industry have reached an agreement on conditions of mutual interest and have taken to record it in a “Second Main Agreement”, which agreement will be extended to non-parties.

The agreed upon memorandum is currently with the Minister of the Department of Labour for verification and promulgation and will become effective upon such date as determined by the Minister and valid until 2026. Such promulgation would likely include an extension being sought by the NBCPSS dispute resolution centre for its accreditation to be in line with the validity period of the “Second Main Agreement”.

If you have any questions in relation to the NBCPSS Dispute Resolution Centre and or the Second Main Agreement, kindly contact Invictus on 0861 737 263.