The 45,000-member union said it has taken a non-resolution certificate at the Commission for Conciliation, Mediation and Arbitration (CCMA) that may result in Gold Fields’ miners going on strike.
The NUM says the FWC stands in the way of the appointment of new recruits and employees returning back to work after availing annual and maternity leave.
It says the FWC has resulted in a number of staff not being appointed or re-hired at gold fields.
NUM mining house coordinator Keneth Bhuda said the union wanted the FWC system to be completely removed.
“The current system is very frustrating,” said Bhuda.
“We have today [Wednesday] taken a certificate that allows us to strike.
“Our door remains open for now to negotiate further on this issue.”