MINIMUM SERVICES AGREEMENT

(IN TERMS OF SECTION 72 OF THE LABOUR RELATIONS ACT)

Entered into by and between:

GA-SEGONYANA MUNICIPALITY

(Hereinafter referred to as the “Employer”)

AND

THE SOUTH AFRICAN MUNICIPAL WORKERS UNION (SAMWU)

THE INDEPENDENT MUNICIPAL AND ALLIED WORKERS’S UNION (IMATU)

IT HAS BEEN AGREED AS FOLLOWS:

1. DEFINITION

I.1  All words used in this agreement shall bear the meanings assigned to them in terms of the Labour Relations Act No. 66 of 1995.

1.2 The following words shall bear the following meanings (some of which are define in the Labour Relations Act and repeated here for the purposes of clarity).

1.2.1 “essential service” – means service interruption of which endangers the life, personal safety or

health of the whole or any part of the population.

1.2.2 “minimum services”- means services which is left unattended would consequently pose a threat to health or safety and where, in terms of this agreement, employees working in such services are not allowed to participate in a strike or lockout.

1.2.3 “replacement labour”- means the employment of a person to maintain production during a strike or lockout and includes engaging the services of a labour broker or an independent contractor to achieve the same end.

2. MINIMUM SERVICES

The parties agree to maintain minimum services in areas designated as essentials services as set out in “Annexure A” hereto. Employees who fall within the minimum service shall be rendering an essential

service and shall be precluded from striking.

3. DURATION OF THE AGREEMENT

This agreement shall come into effect upon the date that the essentials services committee set up in terms of the Labour Relations Act rectifies this agreement in terms of Section 72 of the Labour Relations Act.

4. REPLACEMENT LABOUR

4.1 The employer hereby waives and abandons the right to take on replacement labour in order to provide a service in addition to the minimum services as agreed in terms of Clause 2 above. In respect of any service designated to be an essential service.

4.2 The waiver above will not affect the right of the employer to take on replacement labour in respect of those services not classified as essential services.

4.3 Not withstanding the a foregoing, in the event of employees failing to abide by the terms of any Collective Agreement on essential service, then the waiver and abandonment referred to in 4.1 above shall of no force and effect, provided that the employer shall give the union party in question 48 hours written notice to correct any such failure before the a foregoing is implemented.

5. DISPUTE RESOLUTION

In the event that a dispute arises pursuant to the terms of this agreement, then the matter shall be referred at the Instance of any party as dispute to the relevant division of the South Africa Local Government Bargaining Council, to be determined in terms of the dispute resolution provisions of the South African Local Government Bargaining Council.

6. WHOLE AGREEMENT

The parties agree that this agreement constitutes the whole agreement between them and no other agreement or amendments hereto or agreement concluded pursuant to the provisions hereof shall be of any effect unless reduced to writing and signed by or on behalf of the relevant effect unless reduced to writing and signed by or on behalf of the relevant parties.

SCHEDULE OF PROPOSE MINIMUM SERVICES

The agreed minimum services as agreed to by the parties to the South African Local Government Bargaining Council:

1. The minimum services listed hereunder categories:

1.1 Fire and Emergency

1.2 Traffic services

1.4 Provision of water, power, sanitation, switchboard operator and cashiers.

FIRE AND EMERGENCY SERVICES:

JOB CATEGORY / TOTAL NO. OF STAFF / MINIMUM SERVICE LEVEL
Fire Fighters / 6 / 3
Disaster Management Officer / 1 / 1
Total staff compliment / 7 / 4

TRAFFIC SERVICES:

JOB CATEGORY / TOTAL NO. OF STAFF / MINIMUM SERVICE LEVEL
Traffic services / 8 / 6
Total staff compliment / 8 / 6

PROVISION OF WATER, POWER AND SANITATION

TECHNICAL SERVICES:

JOB CATEGORY / TOTAL NO. OF STAFF / MINIMUM SERVICE LEVEL
Water / 8 / 8
Sewerage / 13 / 10
Electricity / 13 / 7
Total staff compliment / 34 / 25

FINANCE SERVICES:

JOB CATEGORY / TOTAL NO. OF STAFF / MINIMUM SERVICE LEVEL
Cashiers / 6 / 3 (1 cashier at a service point)
Total staff compliment / 6 / 3

COPORATE SERVICES:

JOB CATEGORY / TOTAL NO. OF STAFF / MINIMUM SERVICE LEVEL
Secretariat:
Switchboard Operator / 1 / 1
Total staff compliment / 1 / 1

Signed on this 31 Day July 2008

1. EMPLOYER: …………………………………

Witness:

1. ………………………………………………….

2. …………………………………………………

SAMWU: ………………………………………

WITNESS:

1. …………………………………………………

2. …………………………………………………...

IMATU: …………………………………………..

WITNESS:

1. ………………………………………………….

2. …………………………………………………….

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