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Update on ELRC matters Portfolio Committee Meeting 18 August 2015

Update on ELRC matters Portfolio Committee Meeting 18 August 2015. CONTENTS. Quality Management System for school-based educators Delisting of ELRC as Schedule 3A Public Entity Job descriptions for Office-Based Educators. 2. Quality Management System (QMS) for school-based educators.

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Update on ELRC matters Portfolio Committee Meeting 18 August 2015

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  1. Update on ELRC matters Portfolio Committee Meeting18 August 2015

  2. CONTENTS • Quality Management System for school-based educators • Delisting of ELRC as Schedule 3A Public Entity • Job descriptions for Office-Based Educators 2

  3. Quality Management System (QMS) for school-based educators

  4. Background • Teacher development summit in 2009 agreed that: • A clear, coherent policy and regulatory environment be designed for both teacher appraisal and teacher development; • Teacher appraisal for development be delinked from appraisal for remuneration / salary progression; and • The IQMS be streamlined and rebranded. • Subsequent to the above, work commenced on the streamlining & rebranding of the IQMS. 4

  5. What is QMS? • QMS is a performance management system for school-based educators. • Measures performance of educators in line with their respective roles and responsibilities. • Designed to improve levels of accountability in our schools. • Quality Management System (QMS) is the outcome of negotiations of all parties at the ELRC. 5

  6. Rationale for QMS • Enhancing accountability – in line with the National Development Plan. • Tracking of strengths and areas for development. • Offering feedback. • Providing motivation to educators. • Introducing performance work plan agreements for principals and SMT members with clear deliverables for improvement. 6

  7. PURPOSE OF QMS • To determine levels of competence. • To enhance teacher efficiency, effectiveness and good performance. • To improve accountability levels within schools. • To provide a basis for decisions on mechanisms to recognise good performance. • To ensure that teachers perform their duties with integrity. • To provide a basis for paying salary progression and other incentives. 7

  8. PROGRESS ON QMS • QMS has been discussed in the ELRC since 2009. • On 13 November 2014, the QMS was adopted by parties to the ELRC and circulated for signing. • CTU-ATU and Acting DG signed the agreement in January and February 2015. • SADTU stated it was committed to the agreement, but would append its signature upon agreement of an additional 0.5% pay progression increase. 8

  9. IMPLICATION OF ENFORCING THE AGREEMENT • By law the QMS Collective Agreement (No. 2 of 2014) is a binding agreement and can be implemented. • Section 31 of the LRA states: “Subject to the provisions of section 32 and the constitution of the bargaining council, a collective agreement concluded in a bargaining council binds – a) the parties to the bargaining council who are also parties to the collective agreement • Technically the agreement could be enforced. However, the majority union may influence its members not to cooperate with officials of the PEDs who will be rolling out the training leading to the implementation of the agreement. 9

  10. LRA vs ELRC constitution • The Labour Relations Act only requires that an agreement be in writing, there is no requirement for a signature. • However, the clause 3.6.2 of the ELRC constitution requires that it be signed by a majority; otherwise, it must be tabled on the agenda again for parties to confirm their concurrence and if there is no concurrence, it falls away. 10

  11. Way Forward • The General Secretary of the ELRC needs to clarify whether SADTU has signed the agreement as it promised. • The Employer is currently engaged in convincing SADTU to sign the Collective Agreement while negotiations on the 0.5% increase in pay progression continues in the PSCBC.  11

  12. Delisting of ELRC as Schedule 3A Public Entity

  13. BACKGROUND • ELRC was listed as a public entity while other Bargaining Councils in Public Service are not so listed. • Portfolio Committee and National Treasury noted that ELRC was not meeting its goals around Collective Bargaining. • ELRC secretariat was requested to seek legal opinion on whether it should remain listed as Schedule 3A public entity. 13

  14. LEGAL OPINION ON DELISTING • There was no request from ELRC to be listed as a public entity. • ELRC was designated by PSCBC as a bargaining council for the Education Sector and serves as an ordinary bargaining council like any other. • Section 1 of the PFMA defines a public entity as a national government business enterprise and the ELRC is not a government business. 14

  15. OPTIONS TO DELIST ELRC AS A PUBLIC ENTITY • Option 1: Request Minister of Finance to delist ELRC in terms of section 47(1) of the PFMA. • Option 2: The Minister of Education can only make changes to Educators’ Conditions of service subject to the LRA and collective agreements concluded by the ELRC. Thus, Minister is an equal partner in ELRC on collective bargaining & running of the council. 15

  16. OPTIONS TO DELIST ELRC AS A PUBLIC ENTITY (CONT.) • Option 3: PSCBC can in terms of Section 37(1)(b) of the LRA disestablish the ELRC by a resolution. If this occurs, the Minister of Basic Education (Executive Authority) will not have the power to prevent this from happening. Preferred Option: Option 1 16

  17. The Minister of Finance delisted the ELRC as a Schedule 3A Public Entity with effect from 31 March 2015

  18. IMPLICATIONS FOR PORTFOLIO COMMITTEE • Delisting of ELRC – Portfolio Committee ceases its oversight responsibility over ELRC. • PC can, however, investigate any matter of public interest that falls within its area of responsibility. • DBE will report to PC on: • matters pertaining to education, teachers’ work conditions and any threat to labour peace; and • on matters of collective bargaining and dispute resolution. 18

  19. Job descriptions for Office-Based Educators

  20. BACKGROUND • Collective Agreement 1 of 2008 – Occupation Specific Dispensation - proposed the following: • that the job descriptions for office-based educators be revised; • the establishment of 3 levels of Circuit Managers viz. CM 1, CM 2 & CM 3. 20

  21. CURRENT CONTEXT • There should be only one level of Circuit Manager posts. • Provinces have different nomenclature for Circuit Managers as follows: • Institutional Development Support Officer (IDSO); • Education Development Officer (EDO); • Institutional Support Coordinator (ISC); and • Circuit Manager (CM) etc. • Job descriptions vary across provinces. • CMs are appointed at different post levels/ranks across provinces e.g. CES – PL 6 or DCES – PL 5. 21

  22. ROLE OF RESEARCHER • Researcher appointed by ELRC to: • Collate data provided by DBE on: • Post establishment of districts and circuits; and • Ranks and job descriptions of officials performing circuit management duties in all provinces • Analyse different job descriptions of CM. • Determine appropriate rank/post level at which CM s must be appointed. • Make recommendations on: • Uniform job description for CM; and • Rank/post level of CM. 22

  23. CONCLUSION • DBE has submitted information requested by the ELRC to conduct the research. • Awaiting researcher’s report and recommendations. 23


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