EDUCATION LABOUR RELATIONS COUNCIL PRESENTATION TO PARLIAMENT 30 October 2007

Honourable members of the Education Portfolio Committee: Secretary: Phumza, Mpoyiya Chairperson: Mayatula, Prof. Shepherd MalusiANC Bhoola, Royith Baloo MF Boinamo, George GaolatlheDA Coetzee, RyanDA Dudley, CheryllynACDP Gaum, André HurtleyANC Greyling, Lance WilliamID Mashangoane, Puleng RoselineANC Matsomela, Mothusiemang Johanna JaneANC Mosala, Bahlakoana GodfreyANC Mpontshane, Alfred MkhipeniIFP Mthembu, BenANC Ntuli, Richard SibusisoANC Sigcau, Sylvia NomatamsanqaUDM Van Den Heever, Randall Paul ZachariahANC 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

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

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

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

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;

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.

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 business of the Council i s 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.

PROGRAMME 2 NEGOTIATIONS SUPPORT SERVICES

NEGOTIATIONS SUPPORT SERVICES Achievements 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

NEGOTIATIONS SUPPORT SERVICES Achievements 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

NEGOTIATIONS SUPPORT SERVICES The following collective agreements were signed in the provincial chambers 1)Eastern Cape –Collective Agreement 1 of 2006: Protocol Agreement 2)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

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 3)Limpopo Chamber –Collective Agreement 2 of 2006: Amendment of Collective Agreement No. 1 of 2006 “Permanent Appointment of Temporary Educators”

4)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 5)North West Chamber –Collective Agreement 1 of 2006: Permanent Appointment of Temporary Educators 6)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 NEGOTIATIONS SUPPORT SERVICES

1.International Comparative Research in Public Education – Annexure A 2.International Industrial Relations Association (IIRA) 14 th World Congress: September 2006 – Annexure B 3.The 16 th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: December 2006 – Annexure C 4.ELRC International Education Labour Relations Seminar: December 2006 – Annexure C SUPPORT SERVICES

PROGRAMME 3 DISPUTE RESOLUTION AND SUPPORT SERVICES

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

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.

NATURE OF DISPUTES 2006/07 The majority of disputes referred to the Council relates to: Appointments/Promotion293 50% Dismissal94 16% Benefits73 12% Other111 19% Interpretation18 3%

NATURE OF DISPUTES 2006/07

CASELOAD BREAKDOWN BY PROVINCE YearECGPFSKZNLimpopoMPNCNWWCNAT 2005/ / YearKZNWCGPLIMPOPOECFSNWMPNCNAT 2006/200725%21%10% 9%8% 6%2%1%

LABOUR COURT REVIEWS The total number of 121 awards were taken on review: Individuals7057% Unions1412% Employer3731%

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

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.

PROGRAMME 4 ANNUAL FINANCIAL STATEMENTS

FINANCIAL POSITION AS AT 31 MARCH 2007

FINANCIAL PERFORMANCE FOR THE YEAR ENDED 31 MARCH 2007

TRANSFORMATION FUNDS 31 MARCH 2007

1.International Comparative Research in Public Education – Annexure A 2.International Industrial Relations Association (IIRA) 14 th World Congress: September 2006 – Annexure B 3.The 16 th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: December 2006 – Annexure C 4.ELRC International Education Labour Relations Seminar: December 2006 – Annexure C 5.Training of Dispute Resolution Practitioners and FTSS TRANSFORMATION FUND

PROGRAMME 5 HUMAN RESOURCES MANAGEMENT

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 MOBILISING EMPLOYEES (Skills Development)

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 MOBILISING EMPLOYEES (Skills Development) Continued…

DEVELOPMENT SINCE APRIL

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

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.

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.

2 - PCTA Prevention, 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).

PCTA Continued… 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 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.