Debate taking place at a high level is focussing on various sweeping labour law reforms. The government has presented a number of proposals at NEDLAC (the National Economic Development and Labour Council) which will have a significant impact on the way the building industry currently operates.  These proposals include changes to the labour law relating to outsourcing, the use of fixed term contracts, temporary and part-time work and labour broking.  Many of these practices are an integral part of the labour arrangements in the building and construction industries.

There is a widespread view that many South African employers adopt strategies which disguise the employment relationship and that this can have the effect of depriving employees of labour law protection.  It is felt that arbitrators and judges need to be empowered to be able to look beyond the formal content of contractual agreements to ascertain the true nature of working relationships.  Apparently research has shown that labour broking arrangements have become a means by which employees are deprived of various protection mechanisms.  It is recognised, however, that these reforms should not deprive employers of the ability to embark on genuine restructuring exercises implemented to improve the efficiency.

The Construction Industry Health and Safety Competition had it's origins in 1963, when the first Building Safety Competition was, in collaboration with the Master Builders Association, held by NOSA. It took place in KwaZulu-Natal and the only facet that was adjudicated on, was Housekeeping. In 1964 it was extended to two categories, Building and Allied Trades, both were won by members from Natal.

Today, the competition is a fully fledge comprehensive well supported annual event, open to all Association's members and FEM policy holders. There are no less than ten different categories and every year regional competitions are held by each Master Builders Association throughout the country. The winners of the different categories are then entered into the National Competition, which is co-ordinate by Master Builders South Africa MBSA.

With no less than 36 entries from 5 different provinces received, 2009 National Judging took place from 27 July to 28 August. Standards were extremely high with entries having on average, scored in excess of 90%.

While most of us were enjoying competition in the sports or leisure fields over this last weekend in August 2009, President Zuma signed the Competition Amendment Bill into law.

This is the same Bill which former President Motlanthe declined to sign, but referred back to the National Assembly on the grounds that some of its provisions were unconstitutional.

The provisions in the Bill, which sent shock waves through business and legal circles when it was tabled last year,  places a heavy burden on executives.  Directors and managers can be held personally liable for cartel or price fixing activities and could face prison terms (up to 10 years) or hefty fines (up to R500 000). The Competition Tribunal can fine companies themselves up to 10% of revenue. Merely having "knowingly acquiesced" in collusive practices would expose a director to criminal prosecution.

Although the Competition Tribunal is not a criminal court, its findings can be used as "prima facie" (that is, provisional) proof that a firm was engaged in prohibited practices. In the original Bill, the accused had to prove his innocence. This clause has been removed, but there remain complex legal procedural clauses in the Bill (which is now an Act of Parliament) concerning the onus (or burden) of proof on the accused.  These procedural issues will no doubt be tested in the Constitutional Court.  This could lead to a blockage in the system and cause a backlog of cases for years.

Master Builders KwaZulu-Natal congratulates Grinaker-LTA on having achieved a highly sought after milestone indicative of a company committed to Occupational Health and Safety excellence.

On the 15th August 2009 the Grinaker-LTA Bridge City Mall construction site in KwaMashu, reached the landmark figure of 2 million man-hours worked without a Lost Time Injury ( LTI ).

Resolute concern for the well-being of all employees, supported by an unwavering commitment towards improving performance in the area of Health & Safety, has culminated in what is an outstanding Industry accomplishment.
 
Grinaker-LTA Safety, Health, Environment and Quality Manager (SHEQ Manager) Martin Petoris Joseph commented that participating in all Master Builders KwaZulu-Natal Health and Safety competitions, reinforces the message that good Health and Safety is good for business.

Recent discussions with contractors, suppliers and other industry related role players revealed that contractors are frequently faced with delayed or even no payment for work performed. This has a serious impact on the cash flow and viability of many contractors as well as their ability to meet their financial obligations.

This has led to a decision by Masters Builders South Africa (MBSA) to address this issue by carrying out a survey amongst Master Builders members to ascertain the prevalence of such delayed or non-payment as well as the possible causes of this problem.

Your input is critical in assisting us to address the problem!

Kindly complete the following survey to the best of your ability - your input will be treated as anonymous and confidential.

Payment Quality Survey

Brandon Abdinor | Executive Director

The Consumer Protection Act provides significant protection for South African consumers and will have a wide impact on the way in which business is conducted in the future.

The purpose of the Act is to prevent exploitation or harm to consumers and to enable consumers to make sound decisions.  The aim is to create a strong culture of consumer rights and promote a fair efficient and transparent marketplace for both consumers and businesses.

The Act consolidates the law relating to consumer protection which was previously regulated by a number of Acts including the Trade Practices Act, the Unfair Business Practices Act, the Sales and Service Matters Act and the Price Control Act.

The Act applies not only to the supply of goods but also services.  Franchises are included as consumers and are entitled to the same rights as ordinary consumers.

As a result of the economic downturn, many enterprises could be forced to retrench employees. As a means to circumnavigate this unpleasant situation, the Department of Labour (DOL), together with its partners, has introduced a Training Layoff Scheme, which will allow the employer to, send a worker for training which the relevant SETA will pay for. This scheme is for a period of up to three months

The National Skills Fund will pay the Employee 50% of his/her salary up to a maximum of R6 239 and the employer will pay both the employer and employee contributions to the social benefits.

Employers stand to gain from a training layoff by reducing payroll costs for a period so as to ensure that the employer remains afloat and has an opportunity to strengthen itself and therefore be in a position to re-absorb workers. Employers also have an opportunity to build the skills of their workers at little cost.