EDUCATION LABOUR RELATIONS COUNCIL

PRESENTATION TO PARLIAMENT30 October 2007

Honourable members of the Education Portfolio Committee:

Secretary: Phumza, MpoyiyaChairperson: Mayatula, Prof. Shepherd Malusi ANCBhoola, Royith Baloo MFBoinamo, George Gaolatlhe DACoetzee, Ryan DADudley, Cheryllyn ACDPGaum, André Hurtley ANCGreyling, Lance William IDMashangoane, Puleng Roseline ANCMatsomela, Mothusiemang Johanna Jane ANCMosala, Bahlakoana Godfrey ANCMpontshane, Alfred Mkhipeni IFPMthembu, Ben ANCNtuli, Richard Sibusiso ANCSigcau, Sylvia Nomatamsanqa UDMVan 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

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 thosewith 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

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.

PROGRAMME 2NEGOTIATIONS SUPPORT SERVICES

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

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

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

0

2

4

6

8

10

12

Number of Collective

Agreements Concluded

2000/2001 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007

Financial Year

COMPARISON NATIONAL / PROVINCIAL COLLECTIVE AGREEMENTS

National Collective Agreements Provincial Collective Agreements

NEGOTIATIONS SUPPORT SERVICES

1. International Comparative Research in Public Education – Annexure A

2. International Industrial Relations Association (IIRA) 14th World Congress: 11-14 September 2006 – Annexure B

3. The 16th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: 10-14 December 2006 – Annexure C

4. ELRC International Education Labour Relations Seminar: 14-15 December 2006 – Annexure C

SUPPORT SERVICES

PROGRAMME 3DISPUTE RESOLUTION AND SUPPORT SERVICES

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

2005-2006 651

2006-2007 589

TOTAL NUMBER OF DISPUTES REFERED

550560570580590600610620630640650660

2005-2006 2006-2007

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/Promotion 293 50%• Dismissal 94 16%• Benefits 73 12%• Other 111 19%• Interpretation 18 3%

NATURE OF DISPUTES 2006/07

Dismissal16%

Benefits12%

Other19%

Interpretation3%

App/Promotion

50%

CASELOAD BREAKDOWN BY PROVINCE

Year EC GP FS KZN Limpopo MP NC NW WC NAT

2005/2006 63 74 64 232 50 15 6 57 88 2

2006/2007 42 49 23 151 62 31 10 44 105 2

Year KZN WC GP LIMPOPO EC FS NW MP NC NAT

2006/2007 25% 21% 10% 10% 9% 8% 8% 6% 2% 1%

0

50

100

150

200

250

EasternCape

Gauteng Free State KwaZuluNatal

Limpopo Mpumalanga NorthernCape

North West WesternCape

NAT

2005/2006

2006/2007

LABOUR COURT REVIEWS

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

57%

12%

31%

Individual Unions Employer

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 4ANNUAL FINANCIAL STATEMENTS

FINANCIAL POSITION AS AT 31 MARCH 2007

2007 2006

Notes R R

ASSETS

Non-Current Assets

Property, plant and equipment 4 9,133,973 10,302,359

Current Assets 5,928,843 16,119,932

Trade and other receivables 5 264,047 348,299 Cash and cash equivalents 6 5,664,796 15,771,633

Total Assets 15,062,816 26,422,291

FINANCIAL POSITION AS AT 31 MARCH 2007

LIABILITIES

Current Liabilities

Trade and other payables 7 3,702,350 7,752,530

Total Liabilities 3,702,350 7,752,530

Net Assets 11,360,465 18,669,761

NET ASSETS

Designated funds 8 11,360,466 18,669,761

Total Net Assets 11,360,466 18,669,761

FINANCIAL PERFORMANCE FOR THE YEAR ENDED 31 MARCH 2007

2007 2006 2005Notes R R R

REVENUE 14,703,438 14,834,678 14,935,587

Levies 2 13,869,260 13,662,150 13,518,806

Investment income 3 824,503 1,160,730 1,399,498

Other income 3 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 2,818,314Audit fees 9 485,420 215,604 296,347Depreciation 9 1,213,964 1,313,457 1,070,115Rental 9 1,083,289 936,384 957,819Staff cost 9 7,153,000 6,293,608 5,373,204

7,561,415Other administration and operating expenses 9,239,366 9,816,842

NET DEFICIT FOR THE YEAR (7,309,295) (7,246,747) (3,141,627)

TRANSFORMATION FUNDS 31 MARCH 2007

2007 2006R R

INCOME 929,187 1,685,357

Interest received - Transformation Fund 929,187 1,685,357

EXPENDITURE 10,632,536 12,209,392

Transformation Fund 200,484 162,997 Research and Development Fund 2,633,807 6,505,871 Shop Stewards Fund 1,760,028 2,360,376 National Professional Diploma in Education Fund - 747,937 Special Programmes Fund 6,038,217 2,432,211

Net deficit for the year (9,703,349) (10,524,035)

1. International Comparative Research in Public Education – Annexure A

2. International Industrial Relations Association (IIRA) 14th World Congress: 11-14 September 2006 – Annexure B

3. The 16th Conference of Commonwealth Education Ministers (CCEM) and its Teachers’ Forum: 10-14 December 2006 – Annexure C

4. ELRC International Education Labour Relations Seminar: 14-15 December 2006 – Annexure C

5. Training of Dispute Resolution Practitioners and FTSS

TRANSFORMATION FUND

PROGRAMME 5HUMAN 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 UNITBACKGROUND

• 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 theELRC and implemented through performance based grantsto 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 abovementioned teachers unions to address HIV/AIDS.