First Draft Presentation on ELRC Budget Three-Year Strategic Plan &

1. First Draft Presentation on ELRC Budget Three-Year Strategic Plan & Annual Performance Plan For the Fiscal Years: 2013-2015 13 March 2012

2. Honourable members of the Education Portfolio Committee: Ms HH Malgas, Chairperson ANC Ms N Gina ANC Ms NW Madikizela-Mandela ANC Mr ZS Makhubele ANC Ms AC Mashishi ANC Ms FF Mushwana ANC Mr JJ Skosana ANC Mr DC Smiles DA Mr WG James DA Ms L Adams COPE Mr AM Mpontshane IFP Ms HS Msweli IFP Mr MH Hoosen ID Mr NM Kganyago UDM Mr RB Bhoola MF Ms C Dudley ACDP

3. Introduction • The strategic objectives and operations of the ELRC have been aligned with government’s priority outcome 1 (improved quality of basic education); Action Plan to 2014 and Sadtu’s vision 2030. The strategic principles: • To engage in reasearch that prioritizes the study of factors which promote labour peace, educator morale and educator wellbeing; • To provide dispute resolution services through proactive dispute prevention, in a bid to ensure labour peace, and to prevent disputes of rights and mutual interest through intervention and mediation;

4. Introduction (Cont.) • To provide collective bargaining services by maximising the scope of the parties to Council, and promoting the best fit between good educational outcomes and a fair deal for the teaching profession; • To provide training for dispute resolution practitioners, panellists, prosecutors and intermediaries to ensure a rights based approach to dispute resolution, with a central focus on the rights of children; and • To participate in special initiatives and campaigns, such as the Quality Learning and Teaching Campaign (QLTC), Teacher Laptop Initiative (TLI), Teacher Development (TD) and the ELRC-Prevention Care and Treatment Access (PCTA) project.

5. Legislative Mandates Key legislation related to the mandate of the Council Constitution of RSA:  • Section 23 • Section 28(2) • Section 29(1) • Labour Relations Act 66 of 1995 • Basic Conditions of Employment Act 75 of 1997 • Employment of Educators Act 76 of 1998 • Further Education and Training Colleges Act 16 of 2006

6. Legislative Mandates • Childrens’ Bill of Rights of 2007 • Sexual Offences Act 32 of 2007 • Child Care Act 74 of 1983 amended 01-04-2010 • Criminal Procedures Act 65 of 2008

7. Supporting Legislation • Employment Equity Act 55 of 1998 • Skills Development Act 97 of 1998 • Public Finance Management Act 1 of 1999 • Promotion of Access to Information Act 54 of 2002

8. Other Mandates • Delivery agreement between the Minister of Basic Education and the President • Action Plan to 2014: Towards the Realization of Schooling 2025 – Gazette Number 752 of 2010 • SADTU’s 2030 Vision

9. ELRC Programmes • Programme 1: Dispute Management Services • Programme 2:Collective Bargaining Services • Programme 3: Executive Services • Programme 4: Corporate Services • Programme 5: Capital Expenditure

10. ELRC Organogram

11. Situational Analysis • The Medium Term Strategic Framework (MTSF) of the Government for 2009 – 2014 has been taken into account in the development of the ELRC’s strategic Plan. The priority area of access to quality education guides the strategic plan in terms of outcome 1 (Improved Quality of Basic Education) which is at the centre of the government’s approach. • The ELRC commits to ensure that Strategic Priority 1 of the government’s priorities and programmes is paramount in the strategic planning process as it relates to teachers’ conditions of service and career prospects.

12. Organisational Environment • Adequate human resources • Outsource panellists • Professional development for Dispute Resolution Practitioners • All of the above contributes to a culture that is achievement oriented

13. Strategic Planning Process • Governing structures provide direction. • All members of the management team are involved.

14. Strategic Outcome Oriented Goals

15. Strategic Objectives The following strategic goals are incorporated in the ELRC programmes: • Strategic Goal 1: Provide efficient resolution of disputes within prescribed and pre-approved time limits • Strategic Goal 2: Assist Provincial Departments of Education in the improvement of resolving grievances by decreasing the number of grievances registered • Strategic Goal 3: Strengthen the arbitration and conciliation skills of dispute resolution practitioners by providing relevant pre-approved training and development to all parties concerned

16. Strategic Objectives (Cont.) • Strategic Goal 4: Facilitate and Promote the collective bargaining process on matters of mutual interest • Strategic Goal 5: Monitor the implementation of Collective Agreements • Strategic Goal 6: Maintain good corporate governance and promote organisational effectiveness and efficiency

17. Risk Management Collective Bargaining • The economic situation and lack of commitment from parties to Council towards bargaining may impede the conclusion of matters being negotiated. • Reduce the time taken for obtaining mandates and follow up regularly on progress made

18. Risk Management (Cont.) Dispute Resolution Management • The attitude of parties towards a speedy resolution of disputes may negatively impact the processes of speedy resolution of disputes. • The sensitivity of disputes involving children as victims or witnesses need to be handled with care and thus may affect the speedy resolution of such disputes. • Special training is being provided to panellists and other role players in the resolution of such disputes. Special venues are arranged to hear these disputes.

19. Risk Management (Cont.) • Frivolous disputes relating to appointments may delay the resolution of these. • Continuous update of referral forms to complement these types of disputes. Continuous training of dispute resolution practitioners.

20. Risk Management (Cont.) Funding Operations • The delay in agreeing to a levy increase will greatly affect the ability of Council to carry out its duties towards the achievement of objectives. • Ensure that negotiations for a levy increase start early before the expiry of the two year period it normally takes to reach agreement.

21. ELRC Annual Performance Plan

22. Introduction • This Annual Performance Plan (APP) 2012/13 is guided by the long-term plans of government, the MTSF and subsequent political priorities. • The priorities that have guided development of the plan are: • The replacement of the Ministry of Education (1994 – 2009) with two Ministries – the Ministry of Higher Education and Training and the Ministry of Basic Education – has led to the need to produce two APPs. An APP has been produced for Basic Education.

23. Introduction (Cont.) • The Action Plan to 2014: Towards the Realization of Schooling 2025 (DBE, 2010) provides a significant and detailed plan for the improvement of basic education, to which the Council must contribute within the scope of its mandate. • A second important influence on this APP is the Delivery Agreement for Outcome 1 (Improved Quality of Basic Education) signed by the Minister of Basic Education on 29 October 2010. • Particular attention has also been given to SADTU’sVision 2030.

24. Introduction (Cont.) • The key steps the Council will be implementing in the fiscal years 2013 – 2015 to realise the objectives set out in the APP are set out below: • Research and monitoring and evaluation activities will provide an evidence base for improved policies and policy implementation in basic education which will promote labour peace, educator morale and educator wellbeing. • Disputes of rights and mutual interest will be prevented where possible through intervention and mediation and collective agreements will be enforced; the rights of children involved in disputes will be given special attention.

25. Introduction (Cont.) • Collective bargaining processes will maximise the scope of the parties’ shared interest to achieve the best possible fit between good educational outcomes and a fair deal for the teaching profession. • Appropriate support and training will be provided for all involved in dispute resolution and collective bargaining. • Training of DRPs, intermediaries and panellists will provide the basis for an effective, rights-based approach to the core activities of the Council. • Sound communication strategies, special initiatives and campaigns will complement the core activities of the Council

26. Situational Analysis – Performance Delivery Environment • The ELRC operates in the public education labour relations environment. Since 1994 it catered for the employer and employees in terms of the Employment of Educators Act. The ELRC renders its services of labour relations in terms of the Labour Relations Act and discharges its services to both employers and employees. These services include: • Collective Bargaining Services both nationally and in the provinces primarily facilitating consultations between the parties. • The promotion of labour peace through the resolution of mutual interest disputes and the resolution of individual rights disputes.

27. Situational Analysis – Performance Delivery Environment (Cont.) • The Council expanded its services over time to include research and development of pertinent matters to employment relations in public education, training and development, and special initiatives to support delivery in public education. • Council currently caters for 410 000 educators in basic education. • Over the last three years the education environment has been split into two distinct areas: Basic Education and Higher Education and Training (FETC). • Possible establishment of an Adult Education and Training (AET) bargaining unit.

28. Organisational Environment • With specific reference to the challenges of performance delivery the Council for Basic Education primarily operates through nine provincial chambers and a national office. The funding model is an equal contribution from the employer and the employees, presently R5 from each party, totalling R10 per month per employee. • Our organisational structures and processes are well established to deliver labour relations services to Basic Education. • Deliver services to FETC sector. • In respect of the AET process the Council is still to engage in processes to establish structures to deliver services.

29. Overview of 2013 Budget & MTEF Estimates

30. Notes to Budget INCOME • Income remain static over the MTEF period • Based on 400K contributors • Strategic outcome oriented goals have not been compromised • The available accumulated reserves supplement incomer EXPENDITURE FUNDING OF PROGRAMMES • Dispute Management Services – 19.5% • Collective Bargaining and Related Services - 43% • Support Services - 26% • Capital Expenditure – 11.5%

31. Notes to Budget Cont.) 3. The budgeted income for 2011/2012 is based on a levy of R10 which is the same as in the previous year. 4. Income and Expenditure for FETC sector is excluded

32. Allocation of Budget to Various Programmes

33. Programme 1: Dispute Management Services • The purpose of Programme 1 is to manage disputes proactively. This includes prevention of disputes by, for example, defusing conflicts that can disrupt teaching and learning; it also includes dispute resolution. Professional development and training is included in Programme 1 to ensure that DRPs and Panellists can operate effectively; particular emphasis is placed on training that helps to protect the rights of children involved in special disputes.

34. Strategic Objectives: DMS • Strategic Objective 4.1.1 (a): Provision of dispute resolution services • Strategic Objective 4.1.1 (b): Resolution of special disputes • Strategic Objective 4.1.2: Prevention of disputes • Strategic Objective 4.1.3: Training & Development Services • Strategic Objective 4.1.4: Professional development and training

35. Annual Targets for 2013: DMS • 4.1.1 (a): Provision of dispute resolution services • Target: 100% • 4.1.1 (b): Resolution of special disputes involving children • Target: 70% of arbitrations to be resolved • 4.1.2: Prevention of disputes • Target: 60% of grievances finalised per province • 4.1.3: Training & Development Services • Target: 240 DRP and panellists • 4.1.4: Professional development and training • Target: 70 DRP in all provinces

36. Programme 2: Collective Bargaining Services The purpose of Programme 2 is: • To contribute to the Council’s vision of a strengthened social contract between government, teacher unions and civil society that helps to create a conducive environment for improved quality in teaching and learning. • To maximise the scope of the parties’ shared interest, promoting the best possible fit between good educational outcomes and a fair deal for the teaching profession.

37. Programme 2: Collective Bargaining Services (Cont.) • To promote collective bargaining at national and provincial levels to ensure the development of effective policies for quality public education in a non-disruptive environment for teaching and learning. • To promote respect for international conventions, Constitutional rights and values and labour legislation in the management of collective bargaining. • To support and facilitate special initiatives and campaigns.

38. Strategic Objectives: CBS • Strategic Objective 5.1.1 (a): Collective bargaining on matters of mutual interest in public education • Strategic Objective 5.1.1 (b): Provision of facilitation services to support collective bargaining at national and provincial levels • Strategic Objective 5.1.2:Research on teacher wellfare and national development issues

39. Annual Targets for 2013: CBS • 5.1.1 (a): Collective bargaining on matters of mutual interest in public education • Target: 20% of agreed matters of mutual interest • 5.1.1 (b): Facilitation services - To ensure adequate post provisioning in all nine provinces • Target: 90% distribution of posts) • 5.1.2: Research services - Evidence based teacher wellfare and national development issues identified • Target: Attend Education Conference

40. Quarterly Targets for 2013: CBS Provincial • 5.1.1(a): Preparing for and managing collective bargaining (Annual workshops, PPN • Target: Evaluation and planning done by 4th quarter • 5.1.1(b): Information sharing • Employee wellness – Target: Declining rate of absenteeism • School safety – Target: Incidents and schools declined • Skills development – Target: Teachers with skills gaps trained • 5.1.2: Implementation and monitoring of collective agreements • PPN – Target: Reports received and analysed by chamber • PILIR – Target: Reduction in number of PILIR cases • Temporary educators – Target: Temporary educators utilised maximally and effectively

41. Programme 3: Executive Services The purpose of Programme 3 is: • To manage all the service divisions of the Council to ensure that stakeholders derive maximum value from all the activities of the Council and to intervene in order to circumvent labour unrest, nationally and provincially. • To ensure the sound financial and risk management of the Council.

42. Programme 3: Executive Services (Cont.) • To ensure sound governance of the Council. • To support continuous quantifiable productivity of knowledge efforts internally. • To build the corporate image of the ELRC.

43. Strategic Objectives: ES • Strategic Objective 6.1.1: Facilitation Services • Strategic Objective 6.1.2: Financial management, accounting and compliance services • Strategic Objective 6.1.3: Communication services

44. Annual Targets for 2013: ES • 6.1.1: Facilitation Services - Prevention of disputes and promoting collaboration and collective bargaining • Target: Capacity to prevent disputes is enhanced in collaboration with PEDs and unions • 6.1.2: Financial management, accounting and compliance services - To ensure an unqualified audit an no repeat audit findings • Target: 0 • 6.1.3: Communication services • Target: Compile quarterly publications on developments in labour law and collective bargaining. Conduct annual market research on quality of services offered by the council.

45. Programme 4: Corporate Services • The purpose of Programme 4 is to provide financial, HR and administrative support to the core operational functions to deliver an efficient and effective service on its mandates. • The programme is made up of the following sub – programmes: • Financial and accounting services • Administration services which include Information Technology • Mobilising employees services

46. Strategic Objectives: CS • Strategic Objective 7.1.1: Maintain and improve financial and administrative systems • Strategic Objective 7.1.2: Procure goods and services within policies and guidelines • Strategic Objective 7.1.3: Maintain good labour relations • Strategic Objective 7.1.4: Train and develop staff

47. Strategic Objectives: CS (Cont.) • Strategic Objective 7.1.5: Ensure a healthy and safe work environment • Strategic Objective 7.1.6: Maintain and improve the premises and security systems respectively • Strategic Objective 7.1.7: Provide reliable information technology and communication systems

48. Annual Targets for 2013: CS • 7.1.1: Maintain and improve financial and administrative systems. • Target: No adverse impact on operations • 7.1.2: Procure goods and services within policies and guidelines • Target: No major disruptions to operations • 7.1.3: Maintain good labour relations • Target: Zero grievances • 7.1.4: Train and develop staff • Target: 80% of employees trained and developed

49. Annual Targets for 2013: CS (Cont.) • 7.1.5: Ensure a healthy and safe work environment • Target: Zero injuries at work • 7.1.6: Maintain and improve the premises and security systems respectively • Target: No major incident • 7.1.7: Provide reliable information technology and communication systems • Target: Systems not older than five years

50. Programme 5: Capital Expenditure • The purpose of Programme 5 is to provide the necessary capital resources to ensure effective and efficient delivery of the Council’s operations to fulfill their mandate.