What MIBCO offers the Motor Industry
WHO IS MIBCO? • Bargaining Council – creature of statute • Alternatives : Ministerial Determination or Statutory Council • Benefits : - Industrial peace and stability in the motor industry - Only four major strikes in 62 years – the ideal partner to help with compliance! • Wide experience in collective bargaining : - Employment conditions - Settlement of labour disputes - Provision of social benefits i.e. Provident Funds, Medical Aid, Sick, Accident and Maternity funds and Additional Holiday Pay Funds. • Participation: - Allow various sectors (fuel, body repair shops, new car sales, etc.) to participate in their own destiny. • Regional offices - on your doorstep - improve accessibility - on the road agents for assistance - introduction of Regional Secretary and Chief Agent • Also provision for satellite offices • DRC function – labour justice system to the people (employers & employees)
VISION To be an unbiased, credible value - adding, service orientated organization, committed to providing professional, efficient service and excellent benefits to employers, employees and all role players in the Motor Industry in the most cost effective way
MISSION • To create and maintain industrial peace and stability in the Motor Industry by: • Providing a forum and facilities for collective bargaining in respect of wages and working conditions at industry level; • Ensuring industry wide adherence to Collective Agreements • Settling Labour disputes that arise within the Motor Industry • Providing social benefits for the upliftment and stability of all people falling within the Motor Industry • Ensuring majority support from all employers and employees
VALUES • We are committed to making our customers the main focus of our business; • To regard our staff as our most valued important internal assets; • To strive for relevant and competitive products and services accurately, effectively and efficiently at all times; • To remain impartial and consistent in our dealings and, in so doing, maintain a high level of credibility which facilitates harmonious relationships; • To improve representation in order to remain relevant in the Motor Industry; • To prudently manage resources in terms of sound financial principles and ensure transparency in terms of products and services.
Regional Organogram Personal Assistant (Carol Amon) Regional Secretary Receptionist (Bongi Sibidla) (Gerrie Scanning Clerk (Karen Jeffries) Basson) Client Services Chief Agent Legal Regional Representative (Grant Theys) Officer Supervisor- s: Supervisor (Arthur Credit (Rakiba Controller Sterley ) Bassadien) (Jacqui 9 x Howells ) Designated Complai Agent Agents: nts Clerk Sam Admin Legal Mohlala Support (Porcia Fund Legal Secretary Errol Assessors Minnaar ) (Julia Support Client Services (Juanita Murrie (Daphne (Prudence Johnson) Alexander) Representatives Clerk : Regional Maureen Martin, Trish Roman (Melanie Goskar, Credit Control Schroeder Hock, Gadija Kathy Sobotker, (Judy Jordaan, Rochelle Watson) Verena Verhoog, Amina Simons) Rhodes Clayton Adams) Paul Nicholas Venessa Losper Ruwayda Layman Regional Barry Returns Lategan Processor Ashley (Lesley Abrahams Hope)
PARTIES TO THE COUNCIL • Parties - Employer organisations • Retail Motor Industry (RMI) • Fuel Retailers’ Association (FRA) - Trade unions • National Union of Metalworkers of SA (NUMSA) • Motor Industry Staff Association (MISA) • Services - Representation in National wage negotiations - Representation at Dispute Resolution Centre
SCOPE OF THE COUNCIL Registered in terms of the Labour Relations Act ; the scope of the Council covers the retail motor industry as well as some manufacturing activities: - Automotive repair workshop sector - Collision repair sector - Automotive engineering - Component manufacturing - Component remanufacturing - Tyre retreading - New/used vehicle sales and service ( motorcycle, passenger and commercial) - Automotive fitment centres ( tyres, exhausts, radio, alarm, aircon) - Retail Fuel sector - Automotive parts dealers and distributors; - Agricultural machinery - Diesel fuel injection specialists
COLLECTIVE BARGAINING • Collective bargaining is done at central level by the Parties to the Council • Collective agreements submitted to the Minister of Labour for Publication. • The collective agreements have to date been extended by the Minister to apply to non-parties , based on the representative position of the Parties. The Mibco Collective Agreements therefore cover all establishments and their employees, both party and non-party. • In addition to the Main Agreement for the Motor Industry, collective agreements exist to provide social security benefits for employees in the industry
BUSINESS OVERVIEW Support structure – Mibco has centralised its support structures, viz. that of: • Finance, • Human Resources and • Information Technology Systems . – These functions operate from the Mibco Shared Services Centre in Johannesburg ( Randburg area)
BUSINESS OVERVIEW CONT The MIBCO core structure comprises the following: • Inspectorate • Legal • Returns • Funds and Client Services • Dispute resolution
BUSINESS OVERVIEW CONT Inspectorate The primary role of the MIBCO Inspectorate is to monitor and enforce compliance with the Collective Agreements within the scope of registration of the Motor Industry. In effecting its mandate, the Inspectorate applies various strategies ranging from awareness creation and educational initiatives, mentoring, establishment registration, regular inspection, complaint investigation and compliance enforcement processes. The core of these activities are : – New Business Registrations – the identification, awareness creation and registration of new businesses found trading within the registered scope of MIBCO. – Routine Inspections – regular standard audit of compliance with the Collective Agreements of all registered establishments on a regular basis. Strong emphasis is laid on the importance of positive relationship building with employers and employees.
BUSINESS OVERVIEW CONT Inspectorate (cont.) – Complaints Investigation – investigation of complaints ensuring compliance with the Collective Agreements. – Credit Control– assistance to employers to correctly compile monthly returns and assist with the recovery of all current and overdue contributions due to the Council in compliance with the Collective Agreements. – Compliance Management – on identifying a contravention, the Agent will issue a Compliance Notice, advise and assist the member in achieving compliance. – Compliance Enforcement – where no other remedy is available, the Agent will refer a contravention to the Legal Department for dispute resolution processes to be activated. – Awareness creation and education continues at every encounter with employers and employees.
BUSINESS OVERVIEW CONT Legal The Legal Department is responsible for the legal processes to ensure enforcement of compliance with the collective agreements, which unfortunately is a necessary part of the compliance process. Legal Managers in the 6 Regions are part of the Legal Management team at the Shared Services Centre. The Legal Department cooperates closely with the Mibco Dispute Resolution Centre during the process of enforcement of the Collective Agreements. The Legal Department also assists with general legal duties required in the course of Mibco’s operations.
BUSINESS OVERVIEW CONT Legal (cont.) – The Regional departments enforce compliance with the provisions of the Collective Agreements through referrals of contraventions to the Dispute Resolution Centre (DRC). – Represent the Council at Conciliation and Arbitration hearings at the DRC – Execute all arbitration awards obtained by having them certified through the CCMA and issue Warrants of Execution through the Labour Court. – Oversee and co-ordinate the execution process through the Sheriff of the Court.
BUSINESS OVERVIEW CONT • Manual Returns – Manual returns are processed centrally at the SSC and the Inspectorate has the ability to process returns directly on the Mibco Returns system. Return related queries are dealt with both by the SSC and the Regional offices. • Online Returns – Online return is available free of charge and enables the company to link, via the internet, to the MIBCO returns system, and capture any changes such as engagements, terminations, increases, fund changes and breaks. The system then automatically updates the forecast, and the amount due is amended accordingly. The process has been simplified to the extent that training can be provided telephonically.
BUSINESS OVERVIEW CONT Funds Processing • Fund claims for AHP, Sick & Accident and Maternity Benefit Funds that are received in the Regions are forwarded to SSC for processing. Queries are dealt with in the Regions as well as by the SSC. • Mibco further receives claims for Provident Fund Payments and submits these to the Fund Administrators for processing and payment. Client Services • The SSC and regional offices have a client services component to render assistance to employers and employees.
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