Section 77 Notices - Related Documents

SACTWU AND RETAILERS SIGN GROUNDBREAKING DECLARATION ON THE APPAREL INDUSTRY

5 December 2003

After weeks of intense negotiation between Sactwu, the Southern African Clothing and Textile Workers Union, and major retailers and asset managers, the parties today signed a historic declaration in favour of "buying local".

The process leading up to today´s declaration was initiated by Sactwu, when it tabled a Section 77 notice of possible protest action to Nedlac in August this year. The notice was directed at retailers and their banks and asset managers, and argued that the sourcing decisions of retailers were resulting in job losses in the clothing, textile and leather industry, amongst other issues. In terms of the suppliers of capital, Sactwu argued that banks and asset managers benefit from the sourcing practices of retailers, and can have leverage over their corporate behaviour.

Today, two declarations were signed - one with retailers and another with the finance sector. These declarations were the result of several meetings between the parties, facilitated by Nedlac.  The retailers who signed the declaration were: Pick 'n Pay; Shoprite Checkers; Woolworths; Foschini; Pepkor and Edcon.

Retailers´ declaration:

The declaration commits the signatories to use their efforts, particularly their buying decisions, to promote higher levels of procurement from South African manufacturers, in an effort to create employment or save jobs in South Africa.  

The declaration covers a period of six months, during which time the parties will continue to engage with each other with the purpose of developing a broader agreement on local procurement of apparel and in the home textile and footwear industries.  The parties will try to ensure the involvement of South African manufacturers in order to consider ways of strengthening and enhancing South African manufacturing. Nedlac will convene the meetings, which will take place at least once per month. The first meeting will take place in January 2004.

In terms of the declaration, each retailer who is currently sourcing up to 75% of its apparel products from South African manufacturers will meet with Sactwu in bilateral discussions to discuss its levels of South African procurement and ways of increasing its South African procurement.  Individual retailers may also need to negotiate with Sactwu on a bilateral basis to deal with such retailer´s specific issues.

Finance sector declaration

Finance sector representatives who signed today: Old Mutual Asset Management; Metropolitan Asset Management; Futuregrowth Asset Management; Independent Black Fund Managers Association; Oasis; Trilinear; Rocklands; Real Africa; Cerebral; Merit.

In terms of the declaration of Sactwu and the finance sector, the sector agreed to encourage the Clothing Retail sector, particularly in the application of their buying decisions, to promote higher levels of local procurement in an endeavour to create employment or save jobs in South Africa.  Specific commitments included agreements on:

  • Support for the buy local campaign in the industry.
  • Trustees of Retirement Funds to be encouraged to shift resources to companies that are committed to long term sustainable development in the country.
  • An undertaking to impress on the clothing retailers to support the buy local declaration.

During the currency of the declarations, Sactwu will not embark upon any protest action in relation to the dispute referred to Nedlac in terms of section 77 of the Labour Relations Act, against the retailers who are signatories to this declaration.

The declarations are particularly significant in that they speak directly to many of the issues contained in the Growth and Development Summit agreement, signed between business, government, labour and community in June this year. In terms of the GDS agreement, parties recognised the potential value of a label of origin in giving consumers better information in their buying decisions. In today´s declaration, the parties agree to take all necessary steps to ensure that their apparel products carry labels reflecting the country of origin as well as ensuring that all apparel products ordered for manufacture after the date of signing of the declaration carry labels reflecting the concerned apparel product´s country of origin.  

Background

The notice was tabled in terms of Section 77 of the Labour Relations Act, No 66 of 1995 as amended, which allows registered trade unions or federations of trade unions to undertake protest action to promote and protect the social and economic interests of workers, if they follow certain procedures. Before embarking on protest action, the trade union concerned is required to serve notice on Nedlac stating the reasons for the protest action and the intended nature of the protest action. The Act requires the Nedlac parties to meet with the trade union and the parties at whom the notice is directed, to consider the issues raised. Should the issues remain unresolved after thorough consideration, workers are entitled to participate in protected protest action 14 days after serving a second notice on Nedlac of their intention to proceed with the action.

Contact Jennifer Wilson on 083 652 8524

 

 

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