BACKGROUND
Public Service Bargaining Councils
The Public Service Co-ordinating Bargaining Council (PSCBC) was established in terms of Section 35 of the Labour Relations Act no. 66 of 1995 (LRA). All other collective bargaining structures for the public sector were also created in terms of Section 35 of the LRA. The PSCBC as a central bargaining council was created as most issues are determined at a central level. At the same time the collective bargaining structures that had been created for educators (the ELRC), for police (the National Negotiating Forum - the NNF), the national departments and provincial administrations continued to exist.
The LRA effectively created 36 bargaining councils in the public sector, as the LRA also entrenched the departmental and provincial bargaining chambers (as previously defined in the Public Service Labour Relations Act) in that these chambers were deemed to be sectoral bargaining councils in their own right - a status not previously enjoyed. In real terms the departmental and provincial administration bargaining chambers were not sectoral councils, as many straddled different sectors.
In an endeavor to create a more structured collective bargaining environment, the PSCBC (in terms of s138 of the LRA) designated four sectors for the establishment of sectoral bargaining councils. The sectors designated are:
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the Education Labour Relations Council (ELRC); |
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the General Public Service Sectoral Bargaining Council (GPSSBC); |
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the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC); and |
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the Safety and Security Sectoral Bargaining Council (SSSBC) |
PSCBC Overview
The PSCBC Constitution was registered on 13 October 1997. Amendments to the PSCBC Constitution were finalised by Council on 9 October 2002, and registered by the Registrar of Labour Relations on 30 March 2003. In 2005 further amendments were made to the Dispute Resolution Procedure which forms an annexure to the Constitution and these amendments were registered by the Registrar of the Department of Labour on 28 June 2005.
The PSCBC may perform all functions of a bargaining council in respect of those matters that:
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are regulated by uniform rules, norms and standards that apply accross the public service; or |
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apply to terms and conditions that apply to two or more sectors; or |
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are assigned to the State as employer in respect of the public service that are not assigned to the State as employer in any sector.
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The aim of the PSCBC is to maintain sound labour relations in the public service. The PSCBC provides a platform for the parties to Council (the State as employer and the public service unions representing approximately 1 million employees) to engage constructively over matters of mutual interest.