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What Is a Bargaining Council? When to Use One Instead of the CCMA
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Direct answer
A bargaining council is a body set up by registered trade unions and employers’ organisations in one industry to negotiate wages and working conditions, enforce the agreements they reach, and resolve labour disputes in that industry. Councils are created under section 27 of the Labour Relations Act and registered by the Registrar of Labour Relations. The practical point for most workers is this: if your employer falls within a bargaining council’s registered scope, an unfair dismissal or unfair labour practice dispute goes to that council, not to the CCMA. The CCMA handles disputes only where no council has jurisdiction. This guide was checked against the Labour Relations Act, the Department of Employment and Labour and ccma.org.za on 22 September 2026.
ContactDetails.co.za is an independent guide, not a council, the CCMA or the Department. This is general information, not legal advice.
How a bargaining council is formed
Under section 27 of the Act, one or more registered trade unions and one or more registered employers’ organisations may establish a council for a sector and area, by adopting a constitution and obtaining registration. The State can be a party where it is an employer in that sector, and one council can cover more than one sector.
Registration runs through the Registrar of Labour Relations. The application is published in the Government Gazette for objections, NEDLAC demarcates the sector and area the council will cover, and the Registrar issues a certificate stating the council’s registered scope. That scope, the industry and geographic area, is what decides whether a council has authority over your workplace.
What a bargaining council does
Section 28 of the Act lists a council’s powers and functions. The main ones are:
- Concluding collective agreements on wages, hours, leave and other conditions for the industry.
- Enforcing those agreements, through designated agents who inspect workplaces and through compliance arbitration, which can order an employer to pay amounts owed under an agreement.
- Preventing and resolving labour disputes, including conciliation and arbitration.
- Running benefit funds such as pension, provident, medical aid, sick pay, holiday, unemployment and training schemes.
- Extending its services to informal-sector workers and home workers.
A council’s agreement binds its parties and their members. Under section 32, the council can also ask the Minister to extend an agreement to non-parties in the same registered scope. Once the Minister publishes the extension in the Government Gazette, employers who never joined the council are bound by it too. This is why many small businesses discover a council only when an inspector arrives.
Bargaining council or CCMA: where does your dispute go?
Section 191 of the Act answers this directly. A dismissal or unfair labour practice dispute is referred to a council, if the parties fall within that council’s registered scope, or to the CCMA, if no council has jurisdiction. The CCMA’s own referral form, LRA Form 7.11, repeats the rule: if you are covered by a bargaining council, you have to refer the dispute to that council.
| Dispute | Time limit to refer |
|---|---|
| Unfair dismissal | 30 days from the dismissal, or from the employer’s final decision to dismiss or uphold the dismissal |
| Unfair labour practice | 90 days from the act or omission, or from when you became aware of it |
| Arbitration after failed conciliation (CCMA) | 90 days from the date the certificate of non-resolution was issued |
Councils use the same LRA Form 7.11. You serve a copy on your employer and lodge it with the council’s dispute resolution centre within the time limit. If you miss the deadline, the council or the CCMA can allow a late referral if you show good cause, but do not rely on it.
If you refer to the CCMA and it turns out a council has jurisdiction, section 147 allows the CCMA to send the dispute to the council or appoint a commissioner to deal with it. Where the parties fall under more than one council, or not all fall under one council, the CCMA must resolve the dispute itself. Referring to the right body first still saves weeks.
How to find out if your employer falls under a council
- Look at your payslip. Council levies or council benefit fund deductions show that your employer is registered with a council.
- Ask your employer or your union which council, if any, covers the business.
- Check the Department’s list. The Department of Employment and Labour publishes a list of registered bargaining councils by sector. The November 2025 edition lists 44 bargaining councils, including 21 national private-sector councils and six public service and local government councils, plus three statutory councils.
- Read the council’s registered scope on its own website. Scope is set by sector and area, so the same kind of business can be covered in one city and not in another.
- Ask the Registrar or the CCMA if it is still unclear. The Registrar of Labour Relations is reached through the Department on 012 309 4000 or registrar.labourrelations@labour.gov.za, and the CCMA on 0861 16 16 16.
Examples of bargaining councils
There is no single national bargaining council. Each council covers its own industry, which is why several have “National” in their names. Examples from the Department’s list include:
- Public service: the Public Service Co-ordinating Bargaining Council (PSCBC), the General Public Service Sectoral Bargaining Council (GPSSBC), the Education Labour Relations Council (ELRC), the Safety and Security Sectoral Bargaining Council (SSSBC), the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) and the South African Local Government Bargaining Council (SALGBC).
- Private sector: the Metal and Engineering Industries Bargaining Council (MEIBC), the Motor Industry Bargaining Council (MIBCO), the National Bargaining Council for the Road Freight and Logistics Industry, the National Bargaining Council for the Private Security Sector, the National Bargaining Council for Clothing Manufacturing, the Bargaining Council for the Civil Engineering Industry, the National Bargaining Council for the Chemical Industry and the Transnet Bargaining Council.
Our National Bargaining Council contact details page explains how to reach the right council for your industry.
Bargaining council, statutory council and CCMA compared
| Bargaining council | Statutory council | CCMA | |
|---|---|---|---|
| Set up by | Registered unions and employers’ organisations | A union or employers’ organisation representing at least 30% of employees in a sector with no council | The Labour Relations Act, nationally |
| Negotiates wages | Yes | Only on its limited functions, unless its constitution adds more | No |
| Resolves disputes | Yes, within its registered scope | Yes | Where no council has jurisdiction |
| Runs benefit funds | Yes | Yes | No |
Do employers have to register and pay levies?
The Labour Relations Act makes an extended agreement binding on non-parties, but registration and levy duties come from each council’s own agreement. MIBCO is a clear example: it states that all employers in the motor industry within the scope of its main agreement must register with it, and that levies are shared equally between employer and employee. Check the extended agreement for your council to see what applies to you.
The scam to watch for
Be wary of anyone who calls after a dismissal promising a guaranteed payout for an upfront fee, or who claims to be a council agent and asks for payment into a personal account. Take council contact details from the council’s own website or the Department’s list, and phone them yourself.
Frequently asked questions
What is a bargaining council in simple terms?
An industry body run jointly by unions and employers that sets wages and conditions for that industry, enforces them, and settles workplace disputes.
Should I go to the CCMA or the bargaining council?
Go to the bargaining council if your employer falls within its registered scope. Go to the CCMA only if no council covers your workplace.
How long do I have to refer an unfair dismissal?
30 days from the dismissal. For an unfair labour practice, 90 days.
How many bargaining councils are there in South Africa?
The Department of Employment and Labour’s November 2025 list names 44 registered bargaining councils and three statutory councils.
Is a bargaining council part of government?
No. It is created under the Labour Relations Act and registered by the Registrar, but it is run by the unions and employers’ organisations that form it. The State is a party only where it is the employer, as in the public service councils.