As South Africa’s mining and civil engineering sectors continue to navigate economic uncertainty, many companies with loading and hauling capabilities are pivoting to offer their services as contractors to opencast mining operations. While this shift has opened up new opportunities, it also comes with legal and regulatory obligations – most notably, the need to register with the Bargaining Council for the Civil Engineering Industry (BCCEI).
“This load-and-haul work even though being done on mines is not considered mining; it is considered civil engineering work,” explains Brian Ngubane, Senior Designated Agent at the BCCEI. “Any company undertaking this type of work is required by law to register with the BCCEI in order to remain compliant.”
The BCCEI is a statutory body established in terms of the Labour Relations Act (LRA), mandated to regulate conditions of employment and labour relations in the civil engineering industry. Its scope of application – determined by the National Economic Development and Labour Council (NEDLAC) and recognised by the Department of Employment and Labour – covers a wide range of mining-related tasks. These include the excavating, loading, hauling and dumping of mineralised or waste material, bulk earthworks, topsoil stripping, drilling, blasting and road construction and maintenance.
“The scope also extends to services like dust suppression, stockpiling, pumping and dewatering of stormwater and contaminated water, rehabilitation of waste dumps and earthwork areas, topsoil spreading, hydro-seeding and watering,” Ngubane adds. “All these activities fall squarely within the definition of civil engineering under the jurisdiction of the BCCEI.”
Importantly, this requirement only applies to contractors who are paid a fee for their services whether on a monthly basis or calculated tonne moved – and who do not have a direct financial interest in the minerals being extracted.
“Often these companies are hired to move material on behalf of the mine, but they don’t share in the mine’s profits or revenues,” says Ngubane. “That’s when BCCEI registration becomes mandatory.”
A key point, he stresses, is that registration is not optional. “If your work falls within the scope of the BCCEI, you are legally required to join. But what many don’t realise is that this registration brings real value – both to the company and to the broader industry sector.”
One of the BCCEI’s core functions is to facilitate collective bargaining on behalf of employers and employees, ensuring sector-wide wage agreements and employment conditions that promote stability and predictability. This is especially helpful for smaller contractors who may not have the capacity to negotiate complex labour agreements independently.
“Through our centralised bargaining process, we help create a level playing field,” says Ngubane. “This ensures that companies who offer fair wages and benefits are not undercut by those who exploit workers to win tenders.”
Beyond bargaining, the BCCEI also provides accredited dispute resolution services and supports the implementation of industry-wide agreements. The compliance department, through its designated agents, assists in reducing the risk of labour unrest – vital for both private contractors and the mines they serve.
“The BCCEI brings together employer organisations like SAFCEC and CEO and trade unions such as NUM and BCAWU,” says Ngubane. “This structure leverages the experience and knowledge of the parties who have a clear and in-depth understanding of the industry to develop agreements that are practical, enforceable and beneficial to all parties.”
He adds that the BCCEI also engages in regular dialogue on sector-wide issues and provides access to employee benefits such as retirement funds, medical aid and funeral cover, though these are managed independently.
For those unsure about their legal obligations, the BCCEI’s designated agents across the country are on hand to assist. “Our agents are industry experts and can advise companies on whether they fall within the BCCEI’s scope,” says Ngubane. “They also guide new members through the registration process and explain the range of services and benefits available.”
With the trend of outsourcing civil functions in mining expected to continue, the BCCEI is urging all contractors operating on mines to clarify their position and register where applicable.
