First Floor, BLOCK H, Crystal Office Park, 249 Basden Avenue, Centurion, 0046
DATE	:	 22 AUGUST 2011
FROM	: 	THE NATIONAL CHAIRPERSON, FETCEO
TO	: 	PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING

Dear Chair, Portfolio Committee

SUBMISSION OF COMMENTS ON THE FETC AMENDMENT BILL [B13-2011]
The Further Education and Training Colleges Employer Organizatio have observed some challenges that the Bill is going to create and will like to put it to the attention of the committee.

CHALLENGES:
	
1.	The bill suggests that the appointments and/or transfers of staff shall be dealt with in terms of the Public Service Act.  Whilst this matter is legally correct since there is no other alternative; it however, has the following challenges:
1.1		It may mean that the Public Service Act needs to be amended to provide deviation that allows the Minister Of Higher Education and Training to determine Conditions of Service of staff appointed by the MHET.  Otherwise, it is not clear how the Minister of Higher Education and Training shall have jurisdiction over staff appointed in terms of the PSA without the consent of the Minister of Public Service and Administration
1.2		Both lecturers and support staff appointees of the minister appointed in terms of s20 2(b) (lecturers and support staff) shall provisionally have their conditions of service dealt with in the same bargaining council i.e. GPSSBC.  This matter is made clear in par.9 of the transitional measures.  It should be noted that this will change the current sectoral bargaining arrangements.
1.2		s20 4(b) allows councils to appoint staff additional to the minister’s appointees (lecturers and support staff).  It is clear that the support staff component will have their conditions of service determined in the GPSSBC.  However, par.10 of the transitional measures suggests that conditions of service of council employees (lecturers) appointed in terms of s20 4(b) shall be dealt with in the ELRC.  This situation will create disparity in the sector in that already the bill resolve that CoS of lecturers appointed by the minister will be dealt with in the GPSSBC

POSSIBLE RESOLVE:
2.1	Allow the bill to go through and later the Minister of Higher Education and Training to petition the Minister of Public Service and Administration to allow for the deviation in the same way it was done for the educators in schools to the point that their conditions of service are now dealt with in terms of the EEA, in the ELRC
2.2	Or to insert a section in the bill that empowers the Minister of Higher Education and Training and possibly the FETCEO/Councils to determine the conditions of service of their appointees in the relevant respective bargaining councils: all support staff in the GPSSBC, lecturers in the ELRC and transversal issues in the PSCBC

_____________________ 
MR MIKE MASULUKE
NATIONAL CHAIRPERSON