ELRC Presentation to Parliament 16 October 2014 “Honouring the gift of a democratic order, realised through the strive for equal education and shared efforts to maintain labour peace.” 1

Honourable members of the Education Portfolio Committee: Ms N Gina, ChairpersonANC Ms NR Mokoto ANC Mr TZM Khoza ANC Ms JV Basson ANC Mr HD Khosa ANC Mr D Mnguni ANC Ms A LovemoreDA Ms D Van Der WaltDA Ms HS Boshoff (ALT)DA Ms NR Mashabela EFF Mr AM Mpontshane IFP Ms CN Majeke UDM Mr MS Mabika NFP Mr LM Ntshayisa (ALT) AIC Honourable members of the Education Portfolio Committee 2

Honourable members of the Education Portfolio Committee: Table of Contents Section A Legislative and Other Mandates Strategic Overview Strategic outcome oriented goals Section B Service delivery environment Organisational environment Policy developments and legislative changes Programme 1: Dispute Management Services Programme 2: Collective Bargaining Services – National & Provincial Programme 3: Administration Services Programme 4: Capital Expenditure Section C Annual Financial Statements Conclusion 3

Section A Strategic Overview 4

Honourable members of the Education Portfolio Committee: Legislative & other mandates Applicable Legislation Labour Relations Act (LRA) 66 of 1995, as amended Public Finance Management Act 1 of 1999 Employment of Educators Act 76 of 1998 Further Education and Training Colleges Amendment Act 3 of 2012 Other Mandates: Service Delivery Agreement of the Minister of Basic Education Action Plan to 2014: Towards the realisation of schooling

Honourable members of the Education Portfolio Committee: Strategic Overview Vision To improve the quality of teaching and learning through labour peace. Mission Quality services for excellence in teaching. Values The ELRC has adopted the following values:  Professionalism: Promote behaviour that is generally accepted to be correct and proper;  Transparency: Ensure access to information by citizens; 6

Honourable members of the Education Portfolio Committee: Strategic Overview (Cont.)  Independence: The right to making informed decisions independently that minimise or avoid conflict of interest;  Accountability: Accepting responsibility for actions and decisions taken with allowance for corrective action and penalty for wrong doing;  Fairness and equity: Adjudication of grievances and disputes;  Social Responsibility: Respond to the social issues of the day; and  Efficiency: Delivery of quality services economically. 7

Honourable members of the Education Portfolio Committee: Strategic Outcome-Oriented Goals Strategic Outcome Oriented GoalsProgress Goal 1: Research and monitoring and evaluation activities provide an evidence base for improved policies and policy implementation in basic education. Two issues were identified for research: Early Childhood and Development (ECD) Practitioners and violence in South African schools. Goal 2: Equal importance is attached to proactive dispute prevention and dispute resolution. Dispute Prevention Committees / Task Teams. Facilitation, eg. Eastern Cape. Goal 3: Collective bargaining processes maximise the scope of the parties’ shared interest. Goal was not achieved. Goal 4: Provide appropriate support and training for all involved in dispute resolution and collective bargaining. Training provided for Panellists and Dispute Resolution Practitioners. Goal 5: Sound communication strategies, special initiatives and campaigns support and complement the core activities of the Council. Special initiatives New marketing strategies Improved participation in education exhibitions Partnership with SOMAFCO Trust 8

Section B Performance Information 9

Honourable members of the Education Portfolio Committee: Service Delivery Environment Focus areas for 2014/15: Dispute Management Services Dispute Prevention and Facilitation Proactive approach – a focus on prevention; Training for panellists and parties (emphasis on DR Practitioners); Functional Dispute Prevention Committees / Task Teams (all provincial chambers). Facilitation on displaced educators and conversion of temporary educators. Dispute Resolution Improvement of efficiencies related to resolution of disputes on appointments and promotions; and Amendment of ELRC constitution to address practices. 10

Honourable members of the Education Portfolio Committee: Service Delivery Environment (cont.) Collective Bargaining Services (Focus Areas) Temporary Educators Incentives for educators Research on ECD QLTC 11

Honourable members of the Education Portfolio Committee: Organisational Environment Functional SCM unit in 2014/15 and training of officials Career and Succession Planning Strategy Recruitment and Retention Strategy Proposal to address static revenue 12

Honourable members of the Education Portfolio Committee: Policy developments & Legislative changes FETC Amendment Act 1 of 2013 Council ratified FETCBU Collective Agreement 5 of 2013 Council’s status as bargaining council versus national public entity. 13

Performance Information by Programme 2013/14 14

Honourable members of the Education Portfolio Committee: Programme 1: Dispute Management Services Purpose: To manage disputes proactively (prevention and resolution) Strategic Objectives: Provision of dispute resolution services Resolution of special disputes Training and development services 15

Honourable members of the Education Portfolio Committee: Performance for 2013/14 Strategic objectivesPlanned Target 2013/2014 Actual Achievement 2013/2014 Provision of dispute resolution services Conciliation finalised within 30 days from registration of dispute 100%91% Resolution of ordinary arbitrations within 180 days from when conciliation failed 80% of arbitrations to be resolved33% Resolution of promotion arbitrations within 120 days from when conciliation failed 70% of arbitrations to be resolved29% Resolution of special disputes involving children Resolution of arbitrations where a child is a victim within 120 days from when conciliation failed 70% of arbitrations to be resolved73% Training and Development Services Training and development to 240 Dispute Resolution Practitioners and Commissioners

Honourable members of the Education Portfolio Committee: Overview: Dispute Management Services Referrals: 776 disputes received Predominantly related to ULP – Promotion and Appointments Jurisdiction: Out of 776 referrals: 506 in jurisdiction 249 out of jurisdiction 21 determination through condonation 17

Honourable members of the Education Portfolio Committee: Overview: Dispute Management Services Provincial Referrals: 18

Honourable members of the Education Portfolio Committee: Overview: Dispute Management Services Strategy to overcome areas of underperformance Increase panel of Conciliators, Arbitrators and Interpreters. Stricter approach when dealing with postponement applications. Panellists to award cost in instances of frivolous postponement requests. Continuous training of Dispute Resolution Practitioners and Panellists. 19

Honourable members of the Education Portfolio Committee: Programme 2: Collective Bargaining Services Purpose: To contribute to the Council’s vision of a strengthened social contract between government, teacher unions and civil society. To create a conducive environment for improved quality in teaching and learning. To promote collective bargaining at national and provincial levels. To ensure development of effective policies for quality public education in a non-disruptive environment for teaching and learning. 20

Honourable members of the Education Portfolio Committee: Collective Bargaining Services Collective Bargaining – National Strategic objectives: To conclude bargaining on identified matters of mutual interest in public education; To monitor the Implementation of Collective Agreements / Policies; To identify issues for research on evidence based teacher welfare and national development. 21

Honourable members of the Education Portfolio Committee: Performance for 2013/14 Strategic objectivesPlanned Target 2013/2014 Actual Achievement 2013/2014 Collective Bargaining Conclude bargaining on identified matters of mutual interest in public education 8 out of 115 out of 11 Implementation of Collective Agreements / Policies Training and advocacy on the implementation of collective agreements 4Not Achieved Monitoring the Implementation of Collective Agreements / Policies Monitoring of the implementation of collective agreements 4Not Achieved 1 out of 4 Research Services Evidence based teacher welfare and national development issues identified 2Not Achieved 22

Honourable members of the Education Portfolio Committee: Overview: Collective Bargaining Services Collective Bargaining - National Collective Agreements ratified: 4 Provincial (1 Eastern Cape, 2 KwaZulu-Natal and 1 Mpumalanga); FETCBU C.A 5 of Strategy to overcome areas of underperformance Underperformance will be addressed in 2014/15 Annual Performance Plan; Central focus for 2014/15 is to improve the quality of teaching and learning in public schools. 23

Honourable members of the Education Portfolio Committee: Provincial Performance for 2013/14 Performance IndicatorPlanned Target 2013/2014 Actual Achievement 2013/2014 Information Sharing Employee Wellness The number of employee wellness programs introduced 89 provinces achieved Consultation, Implementation and Monitoring of Collective Agreements and Policies Post Provisioning A consolidated report on the consultation process for post provisioning is available 8 provinces achieved Not achieved: Limpopo IQMS and PMDS A report on the implementation of Collective Agreements (IQMS and PMDS) is available 90%8 provinces achieved Not achieved: KwaZulu-Natal Temporary Educators A report on the extent to which temporary teachers are utilised is available 9 provinces achieved Incentives for Educators Monitoring reports on the implementation of incentives for educators are available Bi-annual reports received on implementation of the policy 7 provinces achieved Not achieved: Gauteng Mpumalanga 24

Honourable members of the Education Portfolio Committee: Programme 3: Administration Services Purpose: To provide support services to the core operational functions of the Council to ensure that it delivers an efficient and effective service on its mandates 25

Honourable members of the Education Portfolio Committee: Administration Services Strategic Objectives: Maintain and improve financial and administrative systems; Procure goods and services within policies and guidelines; Maintain good labour relations; Train and develop staff; Ensure a healthy and safe work environment; Maintain and improve the premises and security systems respectively; and Provide reliable information technology and communication systems. 26

Honourable members of the Education Portfolio Committee: Overview: Administration Services The Finance and Administration Policy and Procedure Manual approved Improved information technology and communication systems New marketing strategies to create awareness of the Council and its services Strategy to overcome areas of underperformance The Council will continue solicit assistance from the Auditor-General and the Tax Ombudsman with regards to the SARS query. SCM unit established with SCM Manager position filled in the new financial year. A recognition agreement is to be finalised in the 2014/15 financial year upon receipt of feedback from trade union. 27

Honourable members of the Education Portfolio Committee: Performance for 2013/14 Strategic objectivesPlanned Target 2013/2014 Actual Achievement 2013/2014 Administration Services Maintain and improve the finance and administrative systems No adverse impact on the operations Procure goods and services within policies and guidelines No major disruption to operations Maintain good labour relationsZero grievances Training and development80% competent100% competent Ensure a healthy and safe work environment Zero injuries at work and safe work environment Not Achieved (1 injury reported) Provide reliable information technology and communication systems No interruptions to systems 28

Honourable members of the Education Portfolio Committee: Programme 4: Capital Expenditure Purpose: To provide the necessary capital resources to ensure effective and efficient delivery of operations to Council’s mandate. Strategic Objective: Manage the property and assets of the Council with focus on increasing effectiveness, economy, transparency and integrity. 29

Honourable members of the Education Portfolio Committee: Overview: Capital Expenditure No progress was made relating to the refurbishment of the building due to non-appointment of the Project Manager. Strategy to overcome areas of underperformance It is envisaged that the project will commence in the 2014/15 financial year. 30

Honourable members of the Education Portfolio Committee: Performance for 2013/14 Strategic objectivePlanned Target 2013/2014 Actual Achievement 2013/2014 Capital Expenditure Manage the property and assets of the Council with focus on increasing effectiveness, economy, transparency and integrity Property is maintained on a regular basis. Not Achieved Target was not achieved due to the pending building refurbishment project. 31

Section C Annual Financial Statements 32

Honourable members of the Education Portfolio Committee: Annual Financial Statements Report of the Auditor General Unqualified audit opinion Financial statements amounts and disclosures

Honourable members of the Education Portfolio Committee: Financial Position 34 Liquidity Ability to pay short term debt Ideal ratio >1 Solvency Ability to survive in the long term Avoid insolvency Remain solvent

Honourable members of the Education Portfolio Committee: Financial Performance 35

Honourable members of the Education Portfolio Committee: Levies Received 36

Honourable members of the Education Portfolio Committee: Expenditure Vs. Budget 37

Honourable members of the Education Portfolio Committee: Conclusion Improvement in overall performance in 2013/14 financial year, compared to 2012/13 financial year. Area of concern to address in next financial year remains collective bargaining – national. Council appreciates oversight role of Portfolio Committee. 38