PRESENTATION TO MEMBERS OF THE NATIONAL PARLIAMENTARY PORTFOLIO COMMITTEE FOR
LABOUR
JULY 2014
PARLIAMENTARY PORTFOLIO COMMITTEE FOR LABOUR
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NAVIGATING THE PRESENTATION
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CCMA VISION, MISSION, VALUES AND FUNCTIONAL PURPOSE
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CCMA Johannesburg Regional Office
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MANDATORY STATUTORY FUNCTIONS
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DISCRETIONARY STATUTORY FUNCTIONS
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DR PROCESSES - RIGHTS DISPUTES
Rights Disputes
Con-arb Conciliation
Arbitration
Award
Adjudication
Judgement
CCMA LABOUR COURT
If unresolved
If unresolved
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DR PROCESSES - INTEREST DISPUTES
Interest Disputes
Conciliation
Strike / Lockout
CCMA
If unresolved
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CORPORATE GOVERNANCE
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The Governing Body Chairperson, Mr D Dube and the Director, Ms N Kahn living the CCMA values, meeting staff
THE GOVERNING BODY
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DirectorNerine Kahn
Elias Manage was appointed Acting Chairperson in May 2013, serving up until Daniel Dube took up tenure in October 2013.
Governing Body Chair
Daniel Dube
THE GOVERNING BODY
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a independent statutory body established in terms of section 112 of the Labour Relations Act of 1995 (LRA), as amended.
The CCMA is governed by the Governing Body (GB) in terms of section 116 of the LRA.
The GB is made up of an independent non-executive chairperson and representatives from Government, Organised Labour and Organised Business. The members of the GB are appointed through a process managed by NEDLAC and by the Minister of Labour.
The GB is the Accounting Authority and the Director is the Accounting Officer in terms of the PFMA. The Governing Body Charter clearly and concisely sets out the roles, duties and responsibilities of the GB as well as salient corporate governance principles.
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GOVERNING BODY FUNCTIONS
The GB appoints the Director, in terms of section 118 (1) of the LRA. The Director fulfills the functions of a Chief Executive Officer.
The LRA specifically tasks the GB with appointing Commissioners and determining their conditions of service (S117), the GB may not delegate appointment of the Director, appoint /remove Commissioners, deposit or invest surplus money, accreditation and subsidy functions.
The LRA section 122, enjoins the GB to establish committees to assist the CCMA and contract any person or agency to do work or perform any function of CCMA (section 124); accredit Bargaining Councils and Private Agencies
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ParliamentParliamentExecutive Executive Authority Authority Minister of Minister of
LabourLabour
Organized Organized LabourLabour
Organized Organized BusinessBusiness
DirectoDirectorr
Essential Essential Services Services
CommitteeCommittee
Governance, Social Governance, Social and Ethics and Ethics Committee Committee
GoverninGoverning Bodyg Body
Audit CommitteeAudit Committee
Accreditation & Accreditation & Subsidy CommitteeSubsidy Committee
Human Resource Human Resource and Remuneration and Remuneration
CommitteeCommittee
Finance and Risk Finance and Risk CommitteeCommittee
Commissioners Commissioners & Staff& Staff
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GovernmentGovernment
STRATEGY AND PERFORMANCE MANAGEMENT
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Members of the Farm Workers’ Committees from the Grahams town and Alexandria area who attended a Best Practice Workshop initiated by the Eastern Cape – Port Elizabeth DM&P Team
SIYAPHAMBILI STRATEGY 2011 - 2015
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The Siyaphambili strategic plan was crafted on previous plans as the basis for business continuity, and includes input from all key stakeholder groups (internal and external).
The plan sets out the Goals and Strategic Objectives, Key Performance Areas & Targets for the for the organisation for 2011 to 2015.
The strategic plan determines the allocation of resources and drives the performance management system of the CCMA.
The plan outlines the strategy for the organisation as an entity and is the basis for each team within the organisation to determine their priorities in order that the overall organisational goals are achieved.
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STRATEGIC GOALS AND OBJECTIVES
SCORECARD 2013-2014
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THE YEAR AHEAD
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Some of the delegates who attended a Job Saving Seminar organised by the Western Cape DM&P Team to promote the CCMA Job Saving Strategy and the Training Layoff Scheme
BUDGETED INCOME 2014/15
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Approved budget: March 2015 Financial Year R’000s R’000s
Sub-total TotalGrant allocation 687,096 Interest on investment 34,802 Other income 6,774 Total approved budgeted income 728,672 Less: Approved CAPEX budget 48,361 Normal operations CAPEX 11,737 Projects CAPEX (*) 36,624 Less: Approved OPEX budget 680,311 Normal operations OPEX 576,935 Projects OPEX (*) 103,376
Break-even -
(*) Projects for Labour law amendments, Roll out of web-enabled Case Management system, Establishment of Employment security Unit and opening of new offices in Welkom and Vaal triangle area.
BUDGET EXPENDITURE DISTRIBUTION 2014/2015
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OVERVIEW OF 2014 BUDGET & MTEF ESTIMATES
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Audited
outcome Audited
outcome Audited
outcome Estimate Medium-term estimatesR thousand 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17
Administration
199,024
249,377
291,678
283,835
309,906
336,154
363,024
Institutional Development
8,489
13,871
17,069
38,959
41,894
45,037
48,272
Corporate Governance
2,277 1,849
1,819
906
956
1,007
1,062
Social services
171,556
162,826
197,909
284,459
348,768
366,950
376,450 Total expense
381,346
427,923
508,475
608,159
701,524
749,149
788,808
Total revenue
381,346
427,923
508,475
608,159
701,524
749,149
788,808
Surplus/ (Deficit)
31,879
32,232
(8,800)
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SG01 - We will position the CCMA to impartially promote social justice and economic development in the world of work.
SO 1: Enrich the role of the CCMA in the Labour Market
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KEY PERFORMANCE AREA TARGET
1.1 The CCMA plays a meaningful role in the facilitation of social dialogue and economic development on identified labour market issues locally and internationally.
The CCMA plays a role in the facilitation of social dialogue on identified labour market issues related to the CCMA mandate. A 70% quality measure achieved for applicable activities held that facilitate social dialogue
1.2 Provide support and assistance to local, regional and international organizations.
Continue the implementation of agreed projects with identified organisation
1.3 Enhance the quality and effectiveness of dispute resolution under the auspices of the Bargaining Councils and Private Agencies.
An accreditation and subsidy system that promotes the improvement of dispute resolution services in Bargaining Councils and Private Agencies. Facilitate establishment of Bargaining Councils in accordance with labour market necessity Maintain and increase the number of accredited Bargaining Councils. Facilitate the accreditation of Private Agencies
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Promoting labour market peace and stability
Collective Bargaining
NUM and Northam Platinum Mine
NUM and Exarro Coal
Platinum Sector – AMCU and Lonmin, Amplats, Implats
Verification Exercise
Bokoni Platinum Mine
Facilitated Task Teams
Glass Sector
National Bargaining Council for the Road Freight and Logistics Industry
Hospitality
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LABOUR LAWS AMENDMENTS
In preparing for these amendments, the CCMA has undertaken a number of activities in order to make sure that the organization is ready to implement these proposed changes to employment laws. A national task team led by the Director of the CCMA has been established comprising of
experienced commissioners, internal and external technical experts. Specialist working groups have been established that focus on the most complex
sections of the bill such as organizational rights disputes, essential services, temporary employment services, equal pay for work of equal value(specialist commissioner panels)
Training material has been developed Training has been delivered nationally and is ongoing(also to stakeholders) Governing Body sub committee is working on Amendments and updating of CCMA rules Regulations and forms are also being updated with DOL Communication plan and advocacy programme developed
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SG02 - We will deliver professional, user-friendly, quality services with speed.SO2: We will further build skills to achieve professionalism
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CCMA/PUBLIC UNIVERSITY QUALIFICATION DELIVERY
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The Industry has partnered with five successful public universities in developing and delivering a Labour Dispute Resolution Practice qualification. Nelson Mandela Metropolitan University; Stellenbosch University, the University of the Witwatersrand; the University of the Free State University of the Western Cape. At the beginning of 2014 the Law Faculty of the University of KwaZulu-Natal was also
accepted as a participant in the project.This ground breaking initiative stands to significantly contribute towards
building skills and capacity in the Labour Relations Practice Industry, with all role players in the Industry standing to benefit greatly.
SG02 - We will deliver professional, user-friendly, quality services with speed. SO 3: Deliver excellent service rooted in social justice ensuring a balance between quality
and quantity
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INCREASING ACCESSIBILITY - CCMA SERVICE DELIVERY CENTRES
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National Stakeholder Leadership Opened two new
offices : Vaal and Welkom
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OPERATING EFFICIENCIES
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CASE DISTRIBUTION BY ISSUE 2013-2014
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CASE DISTRIBUTION BY SECTOR 2013-2014
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SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 4: Enhance and entrench internal processes and systems for optimal deployment of resources
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SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 5: Align the structure that will enable optimal implementation of the strategy
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EMPLOYMENT EQUITY
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SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 6: Entrench an organisational culture that supports delivery on our mandate
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Above: Senior Commissioner Kaizer Thibedi facilitating a Building Workplace Relations (BWR) intervention for Sun City’s Management and the SACCAWU leadership.
Above: Users and Stakeholders from the Agri-Sector who attended the Agricultural Sector Forum meeting organised by the Western Cape DM&P Team in Oudtshoorn.
Above: Mpumalanga Supermarket Management and SACCAWU representatives who participated in a scoping meeting for the Workplace Change & Transformation Project that was initiated by the East London DM&P Team.
Above: KZN’s DM&P Team members who participated in a community outreach initiative at Chatsworth Unit 3 B on the 18th May 2013
DELIVERY EXCELLENCE AND CHALLENGES
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Delegates to the CCMA/ILO Decent Work – Contract Cleaning Sector Summit held in Johannesburg
DELIVERING TO THE BROAD MANDATE
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OPERATING IN A CHANGING ENVIRONMENT
CCMA’s role since 2011 has increasingly focused on verification exercises and pronouncing on representivity;
There has been an increase in inter-union rivalry, unprotected strikes and the coalescing of workplace and community demands;
The CCMA has responded with dynamic flexibility and have decisively and responsibly intervened in workplace and sector conflicts to prevent further escalation;
The CCMA has supported Social Partners in their efforts to strengthen collective bargaining and related systems of social dialogue ;
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KEY UNDERLYING CAUSESKEY UNDERLYING CAUSES
Societal Fault Lines - Inequality, Poverty & Unemployment Impatience In The Streets And On Factory Floor Inadequate Awareness Of Internal & External Labour Market Dynamics Ineffective Management Of Industrial Relations Absence Of Meaningful Engagement Absence Of Trust Across In The Labour Market Losing Confidence In The Mechanisms Of (Peace) In The Labour Market Fractious Labour Market Squeeze Of Profit Making Adherence To Inefficient Bargaining Processes
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Revolutionizing Workplace RelationsRevolutionizing Workplace Relations
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