The first question is always: does a Bargaining Council have jurisdiction over your employer? If yes, the Council's own dispute resolution mechanism applies. If no, the CCMA handles your dispute.
What is a Bargaining Council?
A Bargaining Council is an industry-specific body established under the Labour Relations Act. It brings together employers and trade unions in a particular sector to negotiate collective agreements, set minimum conditions and resolve disputes. Examples include councils for metal and engineering, motor industry, retail, private security, hospitality and construction.
If your employer is a party to a Bargaining Council — meaning they are a member or have been registered as a party — the Council's rules and dispute resolution procedures usually apply to your workplace.
CCMA
Handles disputes where no Bargaining Council has jurisdiction. Covers most unfair dismissal, unfair discrimination, retrenchment and other LRA matters. Free to access. Has its own procedures and time limits.
Bargaining Council
Handles disputes within its registered scope. May have its own internal dispute resolution steps, including internal appeals or conciliation through the Council. Some councils have different referral periods than the CCMA.
How to determine which forum applies
Step 1: Check your employer's registration. Ask your employer, HR department or union representative whether your company is a member of a Bargaining Council. You can also contact the relevant industry council directly.
Step 2: Check the scope of the council. A Bargaining Council's jurisdiction depends on both the employer and the type of work. Your occupation must fall within the Council's registered scope.
Step 3: Check the council's rules. Each Bargaining Council has its own rules for dispute resolution. Some require internal steps before referring to the CCMA. Some have their own conciliation or arbitration processes.
If you refer a dispute to the CCMA but a Bargaining Council has jurisdiction, the CCMA may decline to hear the matter. You would then need to start again at the correct council, potentially losing time and missing deadlines. Confirm the correct forum before filing.
When the CCMA applies
The CCMA handles your dispute if:
Your employer is not a member of any Bargaining Council. No council has jurisdiction over your type of work. The dispute falls outside the council's registered scope. The council's internal processes have been exhausted and the matter is referred to the CCMA.
When the Bargaining Council applies
The Bargaining Council applies if:
Your employer is a registered party to the council. Your occupation falls within the council's scope. The council has its own dispute resolution procedures that apply before CCMA referral.
Some collective agreements require you to follow the council's internal steps first. Skipping these steps could result in the dispute being sent back to the council.
What if you are unsure?
Contact the CCMA's helpline or the relevant Bargaining Council. Ask them directly whether the council has jurisdiction over your employer and your type of work. Get the answer in writing if possible.
Employee-side preparation support helps you determine whether your dispute belongs at the CCMA or a Bargaining Council, and guides you through the correct referral process.
After you determine the forum
Once you know where to file, follow that forum's referral process. Check the time limits — some councils have different deadlines than the CCMA's standard 30 or 90 days. Prepare your documents. File early.