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Presentation to Parliament
ELRC Annual Report
2014/15
14 October 2015
“Realising the importance of a unified determination to address labour imbalances that impedes progress in public education.”
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 Lovemore DA
Ms D Van Der Walt DA
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
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Table of Contents
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Section ALegislative and other MandatesStrategic OverviewStrategic outcome-oriented goals
Section BService delivery environmentOrganisational environmentPolicy developments and legislative changes
Performance information by Programme
Programme 1: Administration ServicesProgramme 2: Dispute Management ServicesProgramme 3: Collective Bargaining Services
Section CAnnual Financial Statements
Conclusion
SECTION A
Strategic Overview
Dedication
4
The ELRC is delisted in terms of the Public Finance Management Act (PFMA) 1 of 1999 from 1st April 2015.
Applicable legislation LRA 66 of 1995 (as amended) PFMA 1 of 1999 (as amended) EEA 76 of 1998 (as amended) FETC Amendment Act 3 of 2012
Legislative and other mandates
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Other mandates Service Delivery Agreement of the Minister of
Basic Education Action Plan to 2014: Towards the Realisation
of Schooling 2025
Legislative and other mandates (Cont.)
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Vision To improve the quality of teaching and learning through
labour peace.
Mission Quality services for excellence in teaching.
ValuesThe 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;
Strategic Overview
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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.
Strategic Overview (Cont.)
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Strategic outcome-oriented goals
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Strategic Outcome Oriented Goals Progress
Goal 1:Research and monitoring and evaluation activities provide an evidence base for improved policies and policy implementation in basic education.
Council approved research concept document on Policy and Conditions of Service for the Institutionalisation of Grade R Practitioners and appointment of a researcher to conduct in-country research.
Goal 2:Equal importance is attached to proactive dispute prevention and dispute resolution.
Dispute prevention committees in 9 provinces played role in resolving grievances related to promotional posts.
Pool of Panellists & intermediaries was increased.
Appropriate venues were secured for special disputes.
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Strategic outcome-oriented goals (Cont.)
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Strategic Outcome Oriented Goals Progress
Goal 3:Collective bargaining processes maximise the scope of the parties’ shared interest.
Three (3) national collective agreements were concluded:
CA 1 of 2014: The Process of Acquiring Organisational Rights in the Education Sector.
CA 2 of 2014: Quality Management System (QMS) for School Based Educators.
CA 1 of 2015: Appointment of a Panel of Conciliators and Arbitrators.
No incidences of labour unrest reported in any of the nine provinces during period under review.
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Strategic outcome-oriented goals (Cont.)
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Strategic Outcome Oriented Goals Progress
Goal 4:Provide appropriate support and training for all involved in dispute resolution and collective bargaining.
Training for Panellists (94) and DRPs (345)
Goal 5:Sound communication strategies, special initiatives and campaigns support and complement the core activities of the Council.
Marketing initiatives: Education Handbook; NTA
Message of Support in Mail & Guardian; Education Week exhibition and national and at provincial party conferences.
Survey research
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SECTION B
Performance
Information
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Dispute Management Services
Dispute Prevention and Facilitation Proactive approach – a focus on prevention; Functional Dispute Prevention Committees /
Task Teams (all provincial chambers); and Work of the Dispute Prevention Task Teams
focussed on need for a comprehensive workshop on Discipline of Educators in KwaZulu-Natal and Gauteng.
Service Delivery Environment
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Dispute Management Services
Dispute Resolution Improvement of efficiencies related to resolution of
disputes on appointments and promotions; Recruitment and training of Interpreters and
Intermediaries; Secured appropriate venues for special hearings; Collective Agreement No. 1 of 2015 on the appointment
of a panel of Conciliators and Arbitrators; and Draft Collective Agreement on ELRC Guidelines for
Promotion Arbitrations.
Service Delivery Environment (Cont.)
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Collective Bargaining Services
Parties continued to monitor the implementation of the current policy on incentives;
Research: Conditions of service of ECD Practitioners in South Africa;
PAM task team concluded its work during period under review;
Draft Collective Agreement No. 1 of 2014: Quality Management System (QMS) for School-Based Educators.
Service Delivery Environment (Cont.)
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Administration Services
Functional SCM unit; Recruitment and Retention Strategy; Total Reward Strategy, Salary Benchmarking and
Remuneration Policy; Council developed 5-year Employment Equity Plan; In-house internal audit function to improve effectiveness
of governance, risk management and control processes and ensure compliance;
Safety, Health and Environmental (SHE) Committee for staff; and
Draft Collective Agreement to address static revenue.
Organisational Environment
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FETC Bargaining Unit Council approved the FETCBU submission for
the designation of the ELRC to include lecturers employed in terms of the Public Service Act and as per the FETC Amendment Act 1 of 2013.
Policy developments & legislative changes
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ELRC delisting as Schedule 3A Public Entity Council embarked on process to delist as Schedule
3A Public Entity in 2014/15 financial year; Registrar of Labour Relations highlighted the
Council’s non-compliance with the LRA 66 of 1995, sections 53 (1) and 53 (2)(b). Failure to delist in terms of PFMA, would have led to review of the Council’s registration as bargaining council;
Minister of Finance, acting in terms of Section 47 & 48 of the PFMA, 1999 – delisted the Council with effect 31st March 2015.
Policy developments & legislative changes (Cont.)
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Performance
Information by
Programme
Dedication
19
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.
Strategic objectives: Maintain and improve financial and administrative
systems; Procure goods and services within policies and
guidelines; Maintain good labour relations;
Programme 1: Administration Services
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Strategic objectives: 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.
Programme 1: Administration Services
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Performance for 2014/15
Strategic objectives
Planned Target2014/2015
Actual Achievement2014/2015
Status
Administration Services
Minimise fruitless and wasteful expenditure
Reduce by 100% Not Achieved
Objective not achieved due to Parties not attending scheduled meetings.
Eliminate irregular expenditure
No irregular expenditure Not Achieved
Incurred due to non-compliance with the requirements of Treasury Regulations 16A3 & Practice note 8 of 2007/8.
Establish a SCM unit and provide training
SCM officials trained and developed
Not Achieved
Unit established during period under review & officials recruited in month of October – training to be in the new financial year.
22
Performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015
Status
Administration ServicesTrain and develop staff 30 Achieved
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Introduce and conduct employee wellness programmes
4 Achieved
4Implement the Council’s Marketing Strategy to promote the image of the ELRC
Conduct survey research to measure how the Council is perceived by educators(Sample: 4 000 educators)
Achieved Survey research conducted and findings presented to management (Sample: 1 862 educators)
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Performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015
Status
Administration ServicesManage the property and assets of the Council with focus on increasing effectiveness, economy, transparency and integrity
80% of refurbishment completed
Not Achieved 100% demolition work done and excavation has commenced.
24
Finance and Administrative Systems Council finalised process of changing banks; SARS refunded the Council an amount of
R920 675, in relation to R1,8-million that was incorrectly deducted.
Information Technology Majority of IT findings addressed in 2014/15; IT Policies were updated (Disaster Recovery Plan
and IT Policy on Hardware & Software);
Overview: Administration Services
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Information Technology (Cont.) New policies were drafted (IT Change
Management Policy & Patch Management Policy).
Communications Survey research was conducted on how
Council is perceived by educators. Recommendations of study has informed marketing activities for 2015/16;
Overview: Administration Services
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Communications (Cont.) Council’s profile was featured in the Education
Handbook and message of support for the NTAs was placed in the Teacher supplement of Mail & Guardian;
Council participated in 10 provincial Party conferences (exhibitions);
Exhibition at Education Week; Inspired Teachers’ Conference and SA Basic Education Conference.
Overview: Administration Services
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Building Refurbishment Project Site was handed over to appointed contractor; Project will be completed in November 2015.
Overview: Administration Services
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Strategy to overcome areas of under performance
Fruitless and wasteful expenditure The Council will introduce a “Cost Order” process in the
2015/16 financial year in an effort to curb wasteful expenditure.
SCM unit The training of SCM Officials has been deferred to the
2015/16 financial year.
Irregular Expenditure Disciplinary actions instituted against the SCM
officer.
Overview: Administration Services
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Purpose: To manage disputes proactively (prevention and
resolution).
Strategic Objectives: Provision of dispute resolution services Training of Dispute Resolution Practitioners Panellists Professional Development Services
Programme 2: Dispute Management Services
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Performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015
Status
Dispute Management ServicesProvision of dispute resolution services Conciliations finalised within 30 days
100% Not Achieved67% 464 disputes were in jurisdiction, 309 were conciliated within 30 days
Training of Dispute Resolution Practitioners Dispute Resolution Practitioners Trained
240 Achieved345
Panellists Professional Development Panellists Professionally developed
80 Achieved 94
31
Referrals: 762 disputes received Predominantly related to ULP – Promotion and
Appointments Recruitment and training of interpreters
Jurisdiction:
Out of 762 referrals: 464 in jurisdiction 298 out of jurisdiction
Overview: Dispute Management Services
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Overview: Dispute Management Services
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Provincial Referrals:
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Strategy to overcome areas of under
performance Continuation of process to recruit and train
Interpreters and Intermediaries in an effort to overcome delays and postponements.
Appropriate venues for special hearings. Continuous provision of training to both
Panellists and Dispute Resolution Practitioners to improve the efficiencies in terms of the quality of outcomes.
Overview: Dispute Management Services
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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.
Programme 3: Collective Bargaining Services
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Collective Bargaining – National
Strategic objectives: Collective bargaining Research Services QLTC
Programme 3: Collective Bargaining Services
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Performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015
Status
Collective Bargaining Services: NationalCollective Bargaining Conclude bargaining on identified matters of mutual interest in public education
4 Achieved7
Research Services A report on the factors that promote labour peace, educator morale and wellbeing is available
1 research report available Not AchievedCouncil approved the research concept document on the Policy and Conditions of Service for the Institutionalisation of Grade R Practitioners and the appointment of a researcher to conduct the research, but no report has been tabled at Council.
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Performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015Collective Bargaining Services: National
Quality Learning & Teaching Campaign (QLTC)Establish and empower all-inclusive and functional QLTC structures on all levels i.e. provincial, district, circuit/ward and school levels
27 structures Not Achieved
13 structures
The training of districts only commenced in the second quarter of 2014 and it impacted negatively on achievement of the set targets.
38
One evidence-based teacher welfare and national development issue was identified: Conditions of service of ECD Practitioners;
Thirteen (13) delegates participated in ILO Conference in Geneva during period under review;
Three (3) national agreements were concluded; and
Five (5) provincial agreements were ratified.
Overview: Collective Bargaining Services
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Three national agreements:
CA 1 of 2014: The Process of Acquiring Organisational Rights in the Education Sector.
CA 2 of 2014: Quality Management System (QMS) for School Based Educators.
CA 1 of 2015: Appointment of a Panel of Conciliators and Arbitrators.
Overview: Collective Bargaining Services
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Five provincial agreements ratified:
Mpumalanga CA 1 of 2014: Transfer of Serving Educators in terms of Operational Requirements and permanent Appointment of Temporary Teachers in Vacant Substantive Posts.
KwaZulu-Natal CA 1 of 2014: Procedure for dealing with the placement of Further Education and Training (FET) College Lecturers who remain in Employment with the Department of Education KwaZulu-Natal in terms of Collective Agreement Numbers 4 and 5 of 2007.
Overview: Collective Bargaining Services
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KwaZulu-Natal CA 2 of 2014: Framework and Guidelines for Implementation of Educator Incentives in KZN.
Gauteng CA 1 of 2014: Collective Agreement 1 of 2014 on the Conversion of Temporary Appointment of Post Level 1 Educators into Permanent Appointment.
• North West CA 1 of 2014: The Provincial Procedures for Principals Displaced as a Result of Rationalisation, Merger and/or Closure of Schools in giving effect to Collective Agreement 2 of 2003.
Overview: Collective Bargaining Services
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Strategy to overcome areas of under
performance
Proposed recommendations for considerations by the
QLTC Coordinators to ensure the training programme is
strengthened:
Close cooperation between QCT and provincial Coordinators;
Provincial coordinators to assist in the dissemination and advocacy of the training of districts and stakeholders;
Compilation of accurate data of all QLTC structures and stakeholders.
Overview: Collective Bargaining Services
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Strategy to overcome areas of under
Performance Research on Conditions of Service for the
Institutionalisation of Grade R Practitioners, will be concluded in the 2015/16 financial year.
Overview: Collective Bargaining Services
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Provincial performance for 2014/15
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Strategic objectives
Planned Target2014/2015
Actual Achievement
2014/2015
Status
Collective Bargaining Services: ProvincialConsultation, Implementation and Monitoring of Collective Agreements and Policies
Post ProvisioningA consolidated report on the consultation process for post provisioning is available.
4 Meetings Achieved4 Provinces
Not AchievedFree StateGautengKwaZulu-NatalLimpopoMpumalanga
Incentives for EducatorsMonitoring reports on the implementation of incentives for educators are available.
4 Meetings Achieved4 Provinces
Not AchievedFree StateGautengKwaZulu-NatalMpumalangaWestern Cape
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SECTION C
Annual Financial
Statements
Success
46
Analysis of Levy Contributions
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DETAILS 2014/15 2013/14 2012/13 2011/12
TOTAL LEVIES (Rmil) 49,213 49,322 49,319 49,693
TOTAL NUMBER OF CONTRIBUTORS 409,236 410,816 410,991 414,104
AVG INCREASE/(DECREASE) IN TOTAL LEVIES (Rmil)
(109) 3 (374) 271
AVG INCREASE/(DECREASE) IN CONTRIBUTORS
(6,931) (175) (3,113) 2,254
Financial Performance
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2014/15 2013/14 2012/13 2011/12
R’000 R’000 R’000 R’000
TOTAL REVENUE 49,213 49,322 49,319 49,693
OTHER INCOME 7,276 5,696 4,949 4,492
PERSONNEL RELATED EXPENSES (19,988) (15,549) (14,555) (14,625)
TOTAL OPERATING EXPEDITURE (31,667) (30,033) (29,350) (33,312)
SURPLUS/(DEFICIT) 4,833 9,436 10,364 6,247
Financial Performance
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2014/15 2013/14 2012/13 2011/120
10,000
20,000
30,000
40,000
50,000
60,000
FINANCIAL PERFORMANCE
Total revenue Total expenditure Employee cost Surplus for the year
Financial Performance per Programme
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Programme Name Budget Actual Expenditure(Over)/Under Expenditure
Actual %
Dispute Management Services 10,115 12,712 (2,597) 126%
Collective Bargaining Services 30,602 24,028 6,574 105%
Executive Services 4,493 3,772 721 84%
Corporate Services 12,764 12,938 174 101%
Capital Expenditure 9,820 2,859 6,961 29%
Total 67,794 56,309 11,485 83%
Future
Financial Position
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2014/15 2013/14 2012/13 2011/12
R’000 R’000 R’000 R’000
TOTAL INCOME 56,489 55,018 54,268 54,185
CASH & CASH EQUIVALENTS 136,541 127,197 109,749 95,814
Conclusion
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The Council appreciates oversight role that the Portfolio Committee played over the years.
Principles of good corporate governance will remain an integral part of the Council’s operations.
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Thank You.