Security Focus Africa April 2020

Despite the challenges around COVID-19 that have beset the world in recent weeks, SASA (Security Association of South Africa) has been involved in a number of initiatives.

According to SASA National Administrator Tony Botes, some significant milestones have been reached:

1. NBCPSS (National Bargaining Council for the Private Security Sector) – “Bargaining Council”

1.1 The schedule to the main NBCPSS agreement has been published The Schedule for the Main Agreement was published by the Minister of Employment and Labour (DoEL) on 20 February 2020 and became effective on the second Monday after publication, namely 2 March 2020.

“This follows a long and difficult negotiation process, which was concluded by the signature of a collective agreement on 10 December 2019,” says Botes.

The major changes in the schedule are:

• The inclusion of insourced (in-house) security employers and employees in the Bargaining Council. These are now legally subject to all of the statutory minimum levels of remuneration, employment benefits and other conditions of employment which were previously subject to the BCEA (Basic Conditions of Employment).

• The only exception is that employers who are party to the conditions of another bargaining council will have to abide by the conditions of such other council.

• “Non-standard” employment practices also fall within the scope of the Bargaining Council. • An increase in the minimum salaries for all security officers and other categories of employment as set out in the schedules for three years (clause 4). This is the first time ever that fixed figure increases have been determined for the full three years of the legislation, making it easier for security service providers and consumers to budget beforehand and not being bound by fluctuations in the annualised CPI (in years 2 and 3.)

• The introduction of a “Security Officer Premium Allowance” of R175 in Year 1, R270 in Year 2 and R439 on Year 3. This will only apply to security officers and not to other categories of employment.

• The introduction of a Hospital Plan, or similar, as from Year 2, for the member only and not including dependants, with the employer contributing R100.00 in Year 2 and R150 in Year 3. The reason for this only commencing in Year 2 is that an intensive tender and procurement process must be conducted during this first year.

Says Botes: “SASA originally planned to conduct national training sessions for its members, as well as any other affected companies, but the current Corona crisis has led to SASA deciding to offer an online interactive video webinar training programme, probably during April 2020, which will be a free service to SASA members and available at a nominal fee for non-members.”

Companies that require one-on-one training at their premises can contact Tony Botes at SASA to arrange but please note this will be for the company’s cost now.

1.2 NBCPSS levies agreement The Levies Agreement of the NBCPSS was promulgated on 29 January 2020 and, although intended to come into effect on the second Monday thereafter, was postponed until 1 March 2020, to bring it in line with the Main Agreement time-frame.

All security service providers and in-house security employers are, by law, required to register with the Bargaining Council. To this end, the relevant forms are available on their website at www.nbcpss.org.za. The forms must be completed and submitted to the Bargaining Council at ceo@nbcpss.org. za, together with a schedule of employees.

Every employee falling within the scope of the Bargaining Council must contribute R7.00 per month, an amount that must be matched by the employer and paid over to the Bargaining Council monthly. Those employees not covered by the scope, i.e. not falling within the bargaining unit, will be required to contribute R2.00 per month, matched by the employer, which will give them access to the dispute resolution facilities of the Bargaining Council.

These will be statutory levies and, as such, never prescribed. Companies that do not contribute as from the first month, March 2020, will still be held responsible, with interest and other possible penalties, once identified and brought to book.

2. Compliance The NBCPSS will be appointing its own agents (inspectors), who will have statutory powers of inspection, which will entitle them to visit security companies and inhouse employers, to enforce compliance with both the Main Agreement and Levies Agreement, a function up to now falling within the jurisdiction of the Department of Employment and Labour and the CCMA.

The compliance division will hopefully be established by April or May 2020, with the DoEL and CCMA assisting in the interim.

There will be processes in place for the agents to issue compliance and restitution orders and, after following due process, going as far as instructing the Sheriff of the Court to attach company assets to settle such claims.

This process will greatly contribute to a dynamic improvement in compliance throughout the private security industry and possibly the demise of those employers who are wilfully and grossly criminally exploiting security industry employees.

PSIRA (Private Security Industry Regulating Authority) will still have the statutory power and responsibility to prosecute employers in the sector who operate in contravention of the industry code of conduct, with fines of up to R1 million per charge.

3. Dispute resolution The Bargaining Council will also, at a later stage but hopefully before the end of 2020, be implementing its Dispute Resolution division, which will deal with both unfair labour practices and remuneration complaints, which processes could also result in warrants of attachments being executed by the Sherriff.

4. Peace clause The Protocol Agreement concluded between the parties to the NBCPSS, organised Employers and Organised Labour, prohibits shop-floor demands from Labour on any matter that had, during the most recent round of negotiations, been tabled, negotiated or traded off, which is a lifesaving parachute for companies which are members of SASA.

Non-members could face demands that would lead to mutual interest disputes and protected industrial action if unsuccessful in a dispute resolution process.

5. Conclusion These changes in legislation will have a major impact on the entire private security sector and, although there is quite a bit of ignorance amongst both employers and employees, this legislation is binding on all security employers and employees, ignorance not being an excuse for non-compliance. There are a number of companies who, not being aware of the processes that have been followed to have the NBCPSS established (since 1995, when it was first tabled), but the Bargaining Council is the only vehicle to really get the private security industry back on track and delivering the legitimate and professional service that consumers, our clients, deserve and expect.

The processes followed by the Registrar of Labour Relations of the DoEL were extensive and, we believe, will successfully resist any legal challenge.

It is of critical importance that all security employers, both security service providers and in-house employers, join SASA (Security Association of South Africa), which will give you the representivity that you will need and deserve at the Bargaining Council.

If you are not represented at the Bargaining Council you will not have a voice or the opportunity to make any input into how this Bargaining Council will change the face of the private security sector.

The SASA team is ready and willing to give whatever advice and guidance required – here are our contact details.

IF YOU NEED ANY FURTHER INFORMATION, PLEASE CONTACT SASA:

Office: 0861 100 680 National Administrator: Tony Botes: 083 650 4981 Email: info@sasecurity.co.za The full SASA membership list is available at www.sasecurity.co.za

BENEFITS OF SASA MEMBERSHIP:

• A strictly applied code of ethics.

• Representation at national and local government level.

• Industry exposure in the media as well as at major shows and exhibitions.

• Contacts and networking opportunities.

• Discounted training courses, events and seminars.

• Access to a security library managed by UNISA.

• Updates on new legislation and other industry-relevant information.

• Access to security-related and affiliated associations in South Africa and overseas.

• The SASA national website.

• A central administration office.

• Free subscription to Security Focus Africa magazine, the official journal of SASA.

• A mentorship programme which is designed to guide and assist startup security companies with attaining the compliance standards required to qualify for Gold Membership.