Collective Bargaining — 15 Mar 2017

Bargaining Council Updates

This report provides progress on the implementation of recently signed collective agreements and matters serving on the agenda of NEDLAC, the Public Service Coordinating Bargaining Council (PSCBC), sector councils and chambers.

Parallel to NEDLAC processes, Labour demanded a workshop on the proposed BILL at the PSCBC. Parties agreed that correspondence requesting a workshop on the draft Boarder Management Authority Bill should be forwarded to the Director General of the Department of Home Affairs. A response is awaited.

 Pensions Redress Programme

Council appoint the independent Actuaries, who would work together with the GEPF Actuaries. The close out agreement to be finalized based on the outcomes of the process. The process be finalised by 31 March 2017.

 Draft Policy on RPL for the Public Service

Government tabled a draft policy and labour has made inputs and negotiations to resume from April 2017.

 Implementation of Council Agreements

Resolution 1 of 2015: Agreement on the review and the impact of existing outsourcing and agentisation practices within the public service & conducting an independent study on the principles of decent work. The interview questionnaires have been completed and were circulated to identify participants. A summative report on the outcomes and assessments would then be submitted to Council. Labour to make inputs on the questionnaire and sampling process and the project to continue until December 2017.

+Conducting an independent study on the principle of decent work: Council appointed a joint project manager to collaborate with the ILO in conducting an independent review of the principle of decent work to assist in coordinating and giving effect to this programme.
+Resolution 2 of 2015: Agreement on Salary Adjustments and Improvements on Conditions of Service in the Public Service for the Period 2015/16 – 2017/18: Clause 6.1 and 6.2. Medical Aid Subsidy increased by 8,5% MPI with effect from January 2017.
+Resolution 3 of 2015: Agreement on the review of the Government Employee’s Medical Scheme [GEMS]. The work of the Committee didn`t meet the required expectations. An expert has been appointed to assist the committee realize their objectives.
+Resolution 4 of 2015: agreement on the review of annexure A of PSCBC Resolution 1 of 2007: The resolution is been implemented and monitored.
+Resolution 5 of 2015: agreement on the new danger dispensation:
The Employer was due in November 2015 to table in Council a comprehensive review of the danger dispensation applicable to the Public service and the modality of payment of danger allowance. Council concluded an agreement granting extension to the Employer to make a submission on the comprehensive review of the danger dispensation and the modality of payment of a danger allowance to 31 December 2016.

+Resolution 6 of 2015 – agreement on the review of post-retirement benefits:
The Employer was to conduct a feasibility study on the extension of post-retirement benefits; the due date for submission of such was November 2016. The Employer is requesting an extension to the 1st April 2017 and we are seeking a mandate from the JMC.

+Resolution 7 of 2015: Framework agreement for the establishment of a Government Employees Housing Scheme [GEHS]
We have declared a dispute on the non-implementation of the Scheme. We are consulting on the technical aspects of the dispute and formal papers shall be served soon thereafter.

+Resolution 8 of 2015: Amendments to PSCBC Resolution 2 of 2015 for salary adjustments and improvement on conditions of service in the public service for the period 2015/16 – 2017/18.
Implemented and the last action date of the agreement is 1 April 2017.
+Lower bargaining structures
Provinces are currently establishing the lower bargaining structures to deal with matters of mutual interest at the station level where these do not exist and those structures to report at the provincial chambers.

General Public Service Sectoral Bargaining Council [GPSSBC]

The following issues are currently on the negotiating table at the council:
– Review of GPSSBC Resolution 3 of 2001: Fulltime Shop stewards;
– Proposed amendments: Amend clause 4.2.1 to read 1000 members = 1 fulltime shop steward and repeal clause;
– Review of GPSSBC Resolution 2 of 2009: OSD for Correctional officials on pay progression and
– Proposed amendment: Pay progression shall be paid in accordance with relevant PSCBC resolutions.

+Special Leave in all Departments:
Special leave in all state departments falling under the scope of GPSSBC is fragmented hence the parties drafted proposals for alignment of special leave, in the council negotiations that took place on the 6 October 2016. This matter was discussed and employer has requested to be given time for them to undertake their mandate seeking processes because the team representing employer is a new team and they are not conversant with issues currently on the negotiating table, this issue will remain on the agenda.

 Agreement on Compensation for Officials Performing Duties During Meal Interval
Labour and Employer agree that qualifying officials falling under scope of the council are Correctional Officials must be paid, negotiations are continuing.

 Council Rules
The council has embarked on the process to review the rules to ensure the smooth running of the council, this is work in progress and the matter will remain on the agenda.

Departmental Bargaining Chambers [DBC]

We are auditing how the settlement Agreement on the payment of the Second Phase of the OSD for Correctional officials has been implemented with a view of ensuring proper implementation. The employer to report progress at the end of the month. We are prioritizing group 2 of 2008 and shift systems and intervening in the Dundee debacle as a matter of urgency.

Independent Police Investigative Directorate [IPID]:

Employer in IPID tried to restructure our members without consulting labour and this unlawful action was halted by labour, the situation is monitored and no members will be restructured without labour and management engaging in a lawful process. We are still awaiting the draft restructuring procedure to be tabled.

 Recognition of improved qualifications
The parties are finalizing the list of improved qualifications that IPID will recognize.

 Alignment of salaries of investigators to those of the SAPS.
We are litigating on this matter and our legal department shall provide regular updates


 Nationalization and C-BRTA Migration process
The migration process of the members at C-BRTA is work in progress. Mandate seeking process was concluded on the 24th February 2017. Negotiations are underway and the target date of this migration process is 01/04/2017.

 Road Traffic Management Corporation [RTMC]
Non-payment of SNT: The employer is refusing to pay our members who are at the training arguing that the training is for the benefit of the members. The matter has been referred to legal department to proceed with dispute declaration.

 Traffic Law Enforcement Review Committee
The Minister of the Department of Transport appointed the Traffic Law Enforcement Review Committee [TLERC] in December 2016 comprising of nine members through public nomination, selection and interviews by a panel of Shareholder Committee members. The Committee is and independent body [for purposes of a Corporate identity] under the auspices of the Department of Transport hosted and funded by the RTMC reporting to the RTMC Board, the Shareholders Committee and the Minister of Transport. The terms of reference are:
– To conduct a comprehensive assessment of the traffic law enforcement, fraternity, identify areas for review and develop a consultative strategy draft document on traffic law enforcement;
– Consider constitutional mandate and related legislative imperatives pertaining to law enforcement and ensure integration, harmonization and alignment of various functions;
– Develop a blue print for the future design of the traffic law enforcement, the Code, provide for adequate resource framework, provide guidelines for streamlining of training framework and determination of relevant appropriate qualification framework for traffic law enforcement;
– Provide and develop benchmarks of best practices in the traffic law enforcement to compete and operate favourably within the Region and International context;
– Develop an institutional model for a Professional Institute or Body for traffic officers, including objective, criteria, purpose, funding model and outcomes. [Benchmark with institutions such as the Law Society etc.] and
– Develop a strategy for promotion of ethics in the traffic law enforcement sector including the anti-corruption strategy, training on code of ethics, value chain system, integrity, respect, performance excellence and accountability.

Load Control Operations [LCO]

We are litigating on the non-contribution by the Employer to the provident fund.

Group Four Securicor [G4S]

We are prioritizing the review of the Remuneration Policy and preparing for the next round of negotiations given the fact the “double digit “agreement is coming to an end soon.


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