ELRC HERALDS A NEW CHAPTER

ELRC facilitates the implementation of the FETC Act 16 of 2006

By Cindy Foca and Heins Worst

The ELRC continues to play a crucial role towards the improvement of quality public education and contributing towards government’s broader objectives of skills development, facilitating the implementation of the Further Education and Training Colleges Act of 2006. It is always imperative that the FETC Act be contextualised against the backdrop of skills revolution in the country.

The Minister of Education, Ms Naledi Pandor, in her address to the National Assembly in 2006 further attested this, when she highlighted the following salient points regarding the significance of the FETC Act:

• By this Act, the Ministry hopes to “lay the basis for South Africa to develop a skills profile that signals a greater correspondence between economic development  and human capital”.
• The Act should always “be understood against this backdrop and in relation to the skills training regime we have in South Africa today. There is a plethora of  institutions, organizations, businesses and individuals all involved in training.  Generally none of the systems work in a co-coordinated and coherent fashion.This is the reason why despite the many excellent efforts, skills gaps remain and trainees fail to secure  jobs in sectors that critically need skilled practitioners .The FETC Act provides the legislative framework to strengthen responsiveness, co-ordination and quality”.

The promulgation of the Further Education and Training Colleges Act 16 of 2006 thus has as its objective the establishment of a coordinated further education and training system. In the process of transforming and restructuring the current system, the FETC Act also makes provision for the employment and transfer of staff at these colleges.

The ELRC has been the driving force in assisting its parties with the Further Education and Training Colleges Act of 2006, prior and post the promulgation of this legislation. To this end, parties to Council have concluded two collective agreements; one on the “Implementation of Further Education and Training Colleges Act, 16 of 2006”- Collective Agreement No. 4 of 2007 which paved the way for the facilitation of transfer of staff currently employed in terms of the Employment of Educators Act of 1998 to the College Councils as the new employer and a further agreement on the transfer of employees from the department of education to individual FET Colleges - Collective Agreement No. 5 of 2007 which dealt with the following:

•  Ensuring that the transfer of employees from the old Employer to the New  Employer in terms of section 20 and section 54 of the FETC Act, read with section 197 of the LRA, is conducted without disruption to the management and lecturing functions of the FET College;
•  Ensuring the adequate protection of the rights of the transferred employees;
•  Ensuring the smooth transfer of employees from the employ of the Old  Employer to the New Employer;
•  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; and
•  Managing the process with diligence and sensitivity it requires.
•  Developing a procedure for the  absorption of employees who elect to  remain with the Old Employer.

Apart from concluding the above agreements in an attempt to ensure smooth facilitation of the implementation of the act; the ELRC has appointed a team of experienced panellists to act as facilitators in rolling out the entire process.

In furthering its role within the FETC’s, it is envisaged that a FETC bargaining unit had to be established within the ELRC as a transitional measure to deal with issues of mutual interest.

The Act makes provision for the employer and employees to collectively bargain and to resolve their disputes in a bargaining council. In order to participate in a bargaining council, it is mandatory that an Employer’s Organisation is established to discharge our responsibilities in terms of applicable collective agreements and labour laws.

To the extent that the FETC Act and the Collective Agreements require, the ELRC, upon request of the Director General of Education, convened a meeting of the Old and New employers on the 12th and 13th October 2007 at Birchwood, Boksburg, Gauteng where delegates were appraised on the developments and the implications of the FETC Act and ELRC Resolutions. The meeting arrived at a decision of Colleges present, to form an Employers' Organisation for the FETC Sector and a Pro-Term Committee was elected.

The mandate of the Pro-Term Committee was
(i) to draft a constitution for the organisation;
(ii) to convene a meeting to finalise the constitution; and
(iii) To found/establish the Employers' Organisation at an inaugural meeting.

The Pro-Term Committee met on the 23rd October 2007 to engage in the discussion of drafting the FET Employers' Organisation Constitution. On the 24th October 2007 the Committee met at the ELRC to discuss the implications of the establishment of a FETC Bargaining Unit and the amendment of the ELRC constitution. The Committee further held discussions with the Department of Education with regard to transitional matters.

The 2nd and 3d November 2007 saw the inauguration of the FETC Employers' Organisation at the Kopanong Conference Centre in Benoni. On day one, a meeting with the Department of Education, presented by Mrs Penny Vinjevold (DDG), saw the finalisation of Collective Agreement No 5 of 2007 and the FETC Employer's Organisation Constitution was finalised. Presented by Mr M Govender and Dr BS Mahlobo, the principals were instructed on the roles and responsibilities in governing and managing FET colleges. At the end of the evening, provincial breakaway sessions were held to nominate the Executive Committee candidates for the FETC Employer's Organisation.

The second day saw the adoption of the Constitution of the FETC Employer's Organisation and the FETC Employer's Organisation was officially launched on 3 November 2007 at the afternoon's gala lunch. Deputy Minister of Education, Mr Enver Surty, conveyed his and the ministry's support towards the newly formed Employers' Organisation. This historic event reached its climax with the announcement of the newly elected Executive Committee.