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EDUCATION LABOUR RELATIONS COUNCIL

PRESENTATION TO PARLIAMENT 30 October 2007. EDUCATION LABOUR RELATIONS COUNCIL. Honourable members of the Education Portfolio Committee: Secretary: Phumza, Mpoyiya Chairperson: Mayatula, Prof. Shepherd Malusi ANC Bhoola, Royith Baloo MF Boinamo, George Gaolatlhe DA

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EDUCATION LABOUR RELATIONS COUNCIL

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  1. PRESENTATION TO PARLIAMENT30 October 2007 EDUCATION LABOUR RELATIONS COUNCIL

  2. Honourable members of the Education Portfolio Committee: Secretary: Phumza, Mpoyiya Chairperson: Mayatula, Prof. Shepherd Malusi ANC Bhoola, Royith Baloo MF Boinamo, George Gaolatlhe DA Coetzee, Ryan DA Dudley, Cheryllyn ACDP Gaum, André Hurtley ANC Greyling, Lance William ID Mashangoane, Puleng Roseline ANC Matsomela, Mothusiemang Johanna Jane ANC Mosala, Bahlakoana Godfrey ANC Mpontshane, Alfred Mkhipeni IFP Mthembu, Ben ANC Ntuli, Richard Sibusiso ANC Sigcau, Sylvia Nomatamsanqa UDM Van Den Heever, Randall Paul Zachariah ANC We appreciate the oversight role played by the Portfolio Committee. The theme of our presentation is the location of the ELRC as a player in the Skills Revolution “In an era of unprecedented change, we recognise that education systems must respond with innovative and different approaches” – Ministerial Round Table on Education and Development

  3. TABLE OF CONTENTS • INTRODUCTION Accounting Officer - Mr M Govender • PROGRAMME 2 - NEGOTIATION SUPPORT Mr M Govender • PROGRAMME 3 - DISPUTE RESOLUTION SERVICESMr M Govender • PROGRAMME 4 - ANNUAL FINANCIAL STATEMENTSCFO - Mr J Moshakga • PROGRAMME 5 – HR MANAGEMENT Mr M Govender • DEVELOPMENT SINCE APRIL Mr M Govender

  4. VISION To strive towards the continuous maintenance and promotion of labour peace, accomplished in the spirit of parties to the Council workingtogether and contributing towards the transformation and development of a quality South African Public Education sector.

  5. MISSION To be the leading provider of quality, effective, efficient and non-partisanadministration and facilitative mechanisms for Labour Peace and for the development of a quality South African Public Education sector.

  6. ORGANISATIONAL VALUES As an organisation, the ELRC is guided by the following Batho Pele principles and values: • We value people that we serve and those with whom we work; • We commit ourselves to be fair, ethical, trustworthy and accountable in all of our work; • We endeavour to be customer-service oriented, striving to meet the needs of our clients; • We aim to work together as a team, encouraging co-operation both from ourselves and others around us;

  7. ORGANISATIONAL VALUES (Cont.) • We strive to achieve and maintain excellence; always meeting the highest standards of performance at all levels of service outputs and professionalism in all of our work; • We strive to promote communication between ourselves and our clients; • We commit to the development and capacity building of our staff through learning and growth; • We encourage innovation as a means to continually address new issues and seek better ways to achieve our goals; • We commit to our work and to the vision and mission of the ELRC.

  8. PRINCIPAL ACTIVITIES OF THE ELRC Primary business of the Council Is to promote the maintenance of Labour Peace in public education sector through the provision of dispute resolution (and prevention) services Secondary businessof the Council is to promote the maintenance of peace in the public education sector through the provision of consultation and negotiations between trade unions and the state as the employer, as represented by the Department of Education.

  9. PROGRAMME 2NEGOTIATIONS SUPPORT SERVICES

  10. NEGOTIATIONS SUPPORT SERVICESAchievements • Conducted research on maximum hours of work for educators • Facilitated and monitored the implementation of the IQMS • Convened a FET workshop for consultation in respect of conditions of service for the FET educators as per the FETC Act. • Convened the Implementation of the FETC Act Workshop in respect of the CS educators

  11. NEGOTIATIONS SUPPORT SERVICESAchievements The following collective agreement was signed at a national level: • Collective Agreement 1 of 2007: Vote Weights for the Trade Unions that are Parties to the Council

  12. NEGOTIATIONS SUPPORT SERVICES The following collective agreements were signed in the provincial chambers • Eastern Cape • Collective Agreement 1 of 2006: Protocol Agreement • KwaZulu-Natal • Collective Agreement 1 of 2006: Permanent Appointment of Temporary Educators serving continuously for 12 months or more. • Collective Agreement 2 of 2006: Finalisation of the Post Establishment of Public Schools in KZN for 2006

  13. NEGOTIATIONS SUPPORT SERVICES • Collective Agreement 3 of 2006: Determination and Distribution of the Educator Post Establishment of Public Schools in KZN for 2007 • Collective Agreement 4 of 2006: Distribution and Curriculum Redress Posts to Public Schools in KZN for 2006 • Collective Agreement 5 of 2006: Procedures for the Appointment and Promotion of Educators in FET Colleges • Limpopo Chamber • Collective Agreement 2 of 2006: Amendment of Collective Agreement No. 1 of 2006 “Permanent Appointment of Temporary Educators”

  14. NEGOTIATIONS SUPPORT SERVICES • Mpumalanga Chamber • Collective Agreement 1 of 2006: Change of pay date for Institution Based Educators • Collective Agreement 2 of 2006: Permanent Appointment of Temporary Educators • North West Chamber • Collective Agreement 1 of 2006: Permanent Appointment of Temporary Educators • Western Cape Chamber • Collective Agreement 1 of 2006: Procedure with regard to the Matching and Placing of WCED Educators attached to FETCs in the WCED

  15. NEGOTIATIONS SUPPORT SERVICES

  16. SUPPORT SERVICES • International Comparative Research in Public Education – Annexure A • International Industrial Relations Association (IIRA) 14th World Congress: 11-14 September 2006 – Annexure B • The 16th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: 10-14 December 2006 – Annexure C • ELRC International Education Labour Relations Seminar: 14-15 December 2006 – Annexure C

  17. PROGRAMME 3DISPUTE RESOLUTION AND SUPPORT SERVICES

  18. TOTAL NUMBER OF DISPUTES REFERRED 2005/06 vs. 2006/07

  19. TOTAL NUMBER OF DISPUTES REFERRED 2006/07 • A total number of 589 disputes were registered by the Council. • 101 were settled by the parties at conciliation. • 169 disputes resulted in awards being made. • 57 cases were settled by the parties at arbitration • 143 disputes are still being processed. • The rest were either withdrawn, not proceeded with, or removed due to lack of jurisdiction or non-attendance by the referring parties.

  20. NATURE OF DISPUTES 2006/07 The majority of disputes referred to the Council relates to: • Appointments/Promotion 293 50% • Dismissal 94 16% • Benefits 73 12% • Other 111 19% • Interpretation 18 3%

  21. NATURE OF DISPUTES 2006/07

  22. CASELOAD BREAKDOWN BY PROVINCE

  23. LABOUR COURT REVIEWS The total number of 121 awards were taken on review: • Individuals 70 57% • Unions 14 12% • Employer 37 31%

  24. LABOUR COURT REVIEWS VS CASELOADS PER PROVINCE 15% 2% 4% 17% 10% 15% 25% 15% 13%

  25. PLAN OF ACTION TO MINIMISE OR ELIMINATE THE No. OF REVIEWS • Establishment of Quality Control Panel • Training of Dispute Resolution Practitioners, officials of both the Education Departments and Trade Unions on the CCMA Commissioners Accreditation Course and on Public Education Labour Law.

  26. PROGRAMME 4ANNUAL FINANCIAL STATEMENTS

  27. FINANCIAL POSITION AS AT 31 MARCH 2007

  28. FINANCIAL POSITION AS AT 31 MARCH 2007

  29. 2007 2006 2005 Notes R R R REVENUE 14,703,438 14,834,678 14,935,587 2 Levies 13,869,260 13,662,150 13,518,806 3 Investment income 824,503 1,160,730 1,399,498 3 Other income 9,675 11,798 17,283 EXPENDITURE 22,012,733 22,081,425 18,077,214 Arbitration and mediation 2,837,694 3,505,530 2,818,314 9 Audit fees 485,420 215,604 296,347 9 Depreciation 1,213,964 1,313,457 1,070,115 9 Rental 1,083,289 936,384 957,819 9 Staff cost 7,153,000 6,293,608 5,373,204 7,561,415 Other administration and operating expenses 9,239,366 9,816,842 NET DEFICIT FOR THE YEAR (7,309,295) (7,246,747) (3,141,627) FINANCIAL PERFORMANCE FOR THE YEAR ENDED 31 MARCH 2007

  30. TRANSFORMATION FUNDS 31 MARCH 2007

  31. TRANSFORMATION FUND • International Comparative Research in Public Education – Annexure A • International Industrial Relations Association (IIRA) 14th World Congress: 11-14 September 2006 – Annexure B • The 16th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: 10-14 December 2006 – Annexure C • ELRC International Education Labour Relations Seminar: 14-15 December 2006 – Annexure C • Training of Dispute Resolution Practitioners and FTSS

  32. PROGRAMME 5HUMAN RESOURCES MANAGEMENT

  33. MOBILISING EMPLOYEES(Skills Development) • The lack of funds hindered the Council in achieving its desired skills development objectives Notwithstanding, we were able to invest in skills and knowledge development to the extent: MANAGEMENT Managers were enrolled in the Advanced Management Development Programme Assistant managers enrolled in the Management Development Programme

  34. MOBILISING EMPLOYEES(Skills Development) Continued… SUPPORT STAFF • Support staff have been enrolled in various programmes related to their specific functions: Example: Advanced Security Officers Course as well as specific courses to enhance theoretical knowledge Example: A Certificate in Labour Relations • In order to enhance Computer Literacy amongst support staff, a Computer Training Centre has been established in the ELRC and the HR manager and Media Officer conducts the training

  35. DEVELOPMENT SINCE APRIL

  36. 1 - FETC BARGAINING UNIT BACKGROUND • ELRC has assisted with the facilitation of the implementation of FETC Act of 2006 • Parties to Council have concluded 2 collective agreements: • Implementation of Further Education and Training Colleges Act, 16 of 2006 Collective Agreement No. 4 of 2007 • The transfer of employees from the department of education to individual FET Colleges Collective Agreement No. 5 of 2007

  37. COLLECTIVE AGREEMENT NO. 5 OF 2007 • Ensuring that transfer of employees from the Old to New Employer is conducted without disruption to the management and lecturing functions of the FET College; • Ensuring adequate protection of the rights of the transferred employees; • Transferring employees in accordance with the provisions of section 197 of the LRA, the FETC Act and the ELRC Collective Agreement 4 of 2007; • Finalising consultation with all relevant parties; • Giving effect to the rights of the individual educators; • Managing the process with diligence and sensitivity; • Developing a procedure for the absorption of employees who elect to remain with the Old Employer.

  38. FACILITATION • Appointed a team of experienced panellists to act as facilitators in rolling out the entire process. ESTABLISHEMENT OF FETC BARGAINING UNIT • In furthering its role within the FETC’s, it is envisaged that a FETC bargaining unit are being established within the ELRC as a transitional measure to deal with issues of mutual interest and the Colleges will become the new employer. TARGET DATE - 1 January 2008.

  39. 2 - PCTAPrevention, Care, Treatment & Access Project – Phase II ELRC to manage a comprehensive HIV and AIDS workplace program for the education sector of South Africa. GOAL To reduce the number of new HIV infections among educators and their families and to mitigate the impact of HIV and AIDS on educators and their families. TECHNICAL ASSISTANCE • Academy for Educational Development (AED) • American Federation of Teachers Education Foundation (AFTEF).

  40. PCTAContinued… The project will be managed by the General Secretary of the ELRC and implemented through performance based grants to education sector unions including SADTU, NAPTOSA, NATU, and SAOU AIMS • reach 15,000 individuals via one-on-one interactions with HIV-prevention messages • reach an additional 50 000 educators and their families with prevention messages via mass communications • create 150 new sites at which condoms will be distributed and accessible to educators. The project will strengthen the capacity of the above mentioned teachers unions to address HIV/AIDS.

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