<\/p>\n
Cosatu Western Cape says it is shocked by the Commission for Conciliation, Mediation and Arbitration ruling last week that the labour federation may no longer participate in talks over the proposed closure of the Premier Foods fruit canning factory in Tulbagh.<\/p>\n
\u201cThe commissioner ruled that I am not employed by the Agricultural Food and Allied Democratic Workers Union (Afadwu),\u201d said Cosatu Western Cape provincial secretary Malvern de Bruyn.<\/p>\n
Read:
\u2018There\u2019s a lot of opportunity to drive costs out\u2019 \u2013 Premier CEO
SA\u2019s fruit canning industry under threat as Premier Foods plans closure
Life in Tulbagh depends on its canning factory, which is now shutting down<\/p>\n
De Bruyn said Cosatu had argued that Afadwu is an affiliate of the federation and that the federation, as its \u201cmother body\u201d, had standing to participate when invited by the union.<\/p>\n
But commissioner Willem Connan disagreed, ruling: \u201cI find that Malvern de Bruyn, in the position he seeks to represent (as Cosatu representative), lacks locus standi to represent Afadwu in the current section 189A facilitation process.\u201d<\/p>\n
Said De Bruyn:\u00a0\u201cWe are the mother body, and our view was that we had locus standi. If Afadwu invited us to join them in negotiations, they are allowed to do so \u2026 so we are quite shocked by that ruling.\u201d<\/p>\n
The commissioner also ruled that an Afadwu shop steward who was a seasonal worker could not participate \u201cin the absence of proof that he is still an employee\u201d.<\/p>\n
The ruling follows a dispute during a 26 August consultation meeting, when Premier objected to both De Bruyn and the shop steward.<\/p>\n
De Bruyn participated in the first round of consultations, but Premier challenged his participation when the second round began. The dispute brought the meeting to a halt and was referred to the commissioner.<\/p>\n
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Read: Premier Foods factory closure: Talks break down<\/p>\n
Unions Solidarity and National Union for All Sectors (Nufas) and the remaining Afadwu representatives continue with the talks.<\/p>\n
Alternatives to closure<\/p>\n
Cosatu and Afadwu had called for the closure process to be suspended for 12 to 24 months to allow alternatives such as new ownership or business rescue to be investigated.<\/p>\n
Cosatu had also approached Nedlac for a Section 77 engagement involving Premier, workers and unions, producers, government and community organisations.<\/p>\n
But the 60-day consultation period is due to end soon \u2013 on 26 September.<\/p>\n
\u201cThey don\u2019t have any intention to keep the company open,\u201d said De Bruyn.<\/p>\n
\u201cI believe there was a potential investor, and the company put questions to the investor, and thereafter the investor didn\u2019t come back to continue those discussions.\u201d<\/p>\n
\u201cWe don\u2019t see that as meaningful engagement because they don\u2019t have any interest in saving jobs, for them the aim is just to close the factory.\u201d<\/p>\n
Competition Commission investigates<\/p>\n
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The dispute is taking place while the Competition Commission investigates whether the proposed closure breaches conditions attached to Premier\u2019s acquisition of the Rhodes Food Group.<\/p>\n
The Competition Tribunal approved the merger on 6 March, including a three-year moratorium on retrenchments resulting from the merger.<\/p>\n
A further condition provides that retrenchments during the moratorium are presumed to be merger-specific unless Premier can demonstrate otherwise.<\/p>\n
The commission has confirmed it is investigating whether relevant information about the Tulbagh plant was disclosed during the merger process.<\/p>\n
Read:<\/p>\n
Tiger Brands sells fruit business for R1 [2025]
\nPremier Foods factory closure: Talks break down<\/p>\n
If a breach is ultimately established, the competition authorities can impose an administrative penalty of up to 10% of the firm\u2019s annual turnover in South Africa and its exports from South Africa \u2013 or revoke approval of the merger.<\/p>\n
In response to questions from GroundUp, Premier said the consultation process \u201cis still underway\u201d and it remains committed to following due process.<\/p>\n
The company said it could not provide substantive comment on the dispute over representatives or the commissioner\u2019s ruling while consultations were continuing.<\/p>\n
\u00a9 2026 GroundUp. This article was first published\u00a0here.<\/p>\n
#Cosatu #shocked #exclusion #Premier #Foods #factory #closure #talks<\/p>\n","protected":false},"excerpt":{"rendered":"
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