Questionable agreement
Here is the "agreement".
MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN
THE SOUTH AFRICAN BROADCASTING CORPORATION LIMITED
( HEREINAFTER REFERRED TO AS "THE SABC" )
AND
???????
1. OBJECTIVE
1.1 To provide for the annual general salary adjustment for employees for the financial year 2009/10.
2. SCOPE OF APPLICATION
2.1 This agreement will be applicable to:
2.2.1 Employees who are employed by the SABC falling within the bargaining unit (scale codes 300-409) and those employees appointed in terms of fixed term contracts (scale code 600) falling within the bargaining unit;
2.2.2 Who are members in good standing of ??????; and
2.2 The scope of this agreement excludes employees employed in terms of fixed terms contracts (scale code 900 ).
3. SALARY ADJUSTMENT
3.1 ??????? members in the bargaining unit as referred to in clause 2 above, will receive eight point five (8.5) % (percent) salary adjustment across the board (ATB) for the financial year 2009/10 and back paid to 1 April 2009; and
3.2 The referred to salary adjustment will be effected within five (5) days upon signing of this agreement.
4. DATE OF IMPLEMENTATION
4.1 This agreement shall come into effect on the date of signature hereof and shall remain in force until 31 March 2010, unless otherwise agreed to by the parties hereto in writing.
5. STATUS OF AGREEMENT
5.1 The parties furthermore agree that this agreement will constitute an amendment to the provisions of the Multi Term Agreement dated 8 July 2008 and therefore does not impact on the validity of the provisions of the Multi Term Agreement referred to above in any other manner.
6. FURTHER CONDITIONS
6.1 The parties furthermore specifically agree as follows:
6.1.1 The demand from ??????? for an additional one point
five (1.5) % salary increment to be effected, is subject to SABC
Board feedback in this regard and same will be given to ??????? on Friday 31 July 2009;
6.1.2 That the parties will negotiate on how the remaining two point two (2.2) % salary increment could be utilised in respect of ???????? members.
6.1.3 That the SABC agrees to follow process to:
6.1.3.1 Scale down the petrol card and maintenance of car expenses of Top & Senior Managers;
6.1.3.2 Scale down on DSTV allowances for Top & Senior Managers to employees that really need it for the execution of their duties;
6.1.3.3 Scale down on free newspapers for Top & Senior Managers to employees that really need it for the execution of their duties;
6.1.3.4 Review the processes mentioned in 6.1.3.1 to 6.1.3.3, on an ongoing basis, with a view to restoring or phasing out the benefits completely, subject to the financial well being of the SABC and the availability of funds.
6.1.3.4 That the SABC will take immediate action in terms of the Public Finance Management Act to sue and to criminally prosecute, where applicable employees guilty of fruitless and wasteful expenditure including fraud, theft and other unauthorized financial losses.
6.1.4 That the investigation currently being conducted by the Auditor General to continue to its logic conclusion and that the parties will at all times co-operate in this regard. All outstanding Internal Audit Reports will also receive management’s urgent attention and action;
6.1.5 ?????? agrees to provisionally withdraw the dispute referred to the CCMA in respect of the salary increases which has been set down for 12 August 2009. Should the SABC be in breach of any of the clauses of this agreement, the parties agree that ??????? may re-enroll its dispute for arbitration as per the current referral to the CCMA for arbitration;
6.1.6 Should the feedback from the SABC Board be that the SABC will not effect a further one point five (1.5) % then BEMAWU has the right to proceed with its dispute set down for 12 August 2009 at the CCMA to effect the full twelve point two (12.2)%.
6.2 Should any other employee receive a better increase or better conditions as reflected in this agreement, those better increases and/or condition(s) will be extended automatically to ??????? members as well.
7. INTERPRETATION AND APPLICATION
7.1 In the event of any conflict between the provisions of this agreement and any other agreement, the provisions of this agreement shall take precedence; and
7.2 No amendments to this agreement shall be in force unless reduced to writing and signed by the parties.
8. DISPUTE RESOLUTION
8.1 Should there be a dispute about the interpretation or application of this agreement, any party may refer the dispute to the Council for Conciliation, Mediation and Arbitration (CCMA) for adjudication.
Disrespectful SABC now feels the brunt of Worker Frustration
Our members (Communication Workers Union) in both Telkom and SABC has run out of patience and have requested their national leadership to allow them to bring forward the Strike Programme of Action against these two employers.
As a result of this legitimate frustration, CWU members in the SABC will be “Staying Away” from work on the 29th and 30th of July 2009, countrywide. Our leadership welcomes this show of militancy and worker control principle by the members of our organisation.
The two day stay away will be followed by other forms of industrial action from the beginning of August 2009 till the SABC respect and implement the multi-term salary agreement.
CWU and its members are determined to force the “Public Broadcaster” to respect agreements and to priorities workers plight to win back the much needed loyalty and dedication the employer need from its employees.
Prepare for 11 August March - joint Telkom and SABC
Actions will include “picketing”; “go slow” and “overtime ban” from the 29 July 2009 till the 10th August 2009. On the 11th August 2009, CWU’s members will embark on national marches to submit memorandums to the SABC and Telkom respectively.
The union will then embark on the next phases of the protected strike action, which will include national “stay aways” and other form of action.
Khanyi Mkonza - Former Board Chair Open Letter (Times)
SABC employees and organised labour played a significant role in this exposure. Had the parliamentary committee on communications played its oversight role properly, it would have been alert to the fact that we averted a deficit budget last year.
While we argue, the SABC continues to lose its status as one of the leading and possibly the only true public broadcaster on the continent.
In the midst of major political upheaval against my board, we exposed a lot of wrongdoing at the SABC.
I consider members of the outgoing board to be very courageous leaders, as no one without courage could have stood against the pressure that we faced in the last 18 months.
1st AGM of SABC Employees Forum Announced Soon
For now, please comment below with nominations for Chair, Dep Chair, Secretary and Treasurer.
Vision
Free and Sustainable Broadcasting for All
Mission
To unify all persons who add value to broadcasting in a professional manner
Values
Honesty * Professionalism * Freedom of Expression * Responsibility
IMPORTANT NOTE: This unity initiative in no way undermines any of the unions! SEF encourages all employees to join one of the unions at the SABC! We support a Closed Agency Agreement, where non union members should pay fees to the Bargaining Forum, to eliminate free rides.
Please do not resign any union membership in favour of SEF, a Professional Society for Public Broadcasters. We try not to "confuse" union leaders.
The largest union (CWU) actively seeks alliances with other unions. Together, we all care about the same thing: Proper recognition for valuable public broadcasting professionals.
SABC Board Member Nomination Deadline 14 August
SABC can be Great again
Harare, 19 July 2008 - C/Insp. Cuthbert Mandere defied a court order instructing him to investigate allegations that D/Insp. Moyo of the Gwanda Law and Order section heavily assaulted Bhekinkosi Nkomo (28) and Sayanai Muchechese (26) of Beitbridge Prison.
The two Prison Officers were accused of smuggling Special Assignment reporters into Beitbridge Prison, to produce a documentary about conditions in Zimbabwe’s jails that showed prisoners suffering from severe malnutrition.
Nkomo and Muchechese were immediately charged with contravening the Official Secrets Act, but the charges were dropped for lack of evidence. Nkomo and Muchechesi then made a complaint to the court saying they were badly assaulted by Moyo.
The Court ordered C/Insp. Cuthbert Mandere to investigate the charges against Moyo, which he neglected to do. He has now been charged with Contempt of Court. The tide of justice in Zimbabwe is finally turning, all thanks to a group of brave reporters whom we are proud to call our colleagues.
Time to prove who keeps the SABC running
The ultimatum period has passed - without positive answers.
We have seen no indication that top management is trying to cut its own costs, and the SABC continues to lose around R100 million each month.
There is therefore no choice but to prove that it is the Broadcast Workers and Caring Managers that keep the SABC going.
Not top management, their friends, expensive girlfriends, and their friend's expensive girlfriends. We insist that the SABC implements the only solution left to it. Cut expenditure, and stop the waste by suspending and investigating the wasteful managers.
Only then will we return to work and get our beloved SABC running again - better than ever!
Open letter to SABC Board Chairperson
Kindly note that this is written to you on behalf of, and mandated by, the majority of unionised employees at the SABC, whatever their affiliation. Our administrators have included a confirmation widget for members to visibly confirm this letter.
Yesterday's march, attended by half of the union members at Auckland Park (we have an exact count, using our photos), with the other half caringly keeping our critical services going, to minimise financial impact. Should we have asked them to join us, it might have caused a break in transmission, and we did not want that right now.
IMPORTANT NOTES:
- COSATU, FEDUSA, CWU, CWUSA, FXI, SOLA, TVIEC and others in the SOS Coalition has made it clear they do not endorse the new Interim Board, until further notice, and particularly because their nominees was ignored by a very hasty Parliament.
- The above means that the conduct of each board member will be monitored closely by the Shop Stewards of the above, as there is no clear endorsement from our federations.
- We fully realise that you were a practiced and skilled negotiator with the National Union of Mineworkers, another COSATU affilliate. This in no way should lead you to believe your conduct will now be under less scrutiny than that of any other board member.
OUR SERIOUS CONCERNS (The Unionised Staff of the SABC)
We are seriously concerned over the following events of the past two days:
- Our chosen point of contact, the secretariat of the CWU Head Office, wrote a letter to the SABC, responding to an invitation for a meeting with your good selves.
- The response politely, but clearly, declined your invitation, as it was on very short notice.
- Notwitstanding this, the SABC still deemed it fit to invite some union members and junior officials to the meeting with you.
- We now state, without ambiguity, that the two meetings you've had (with what the SABC may now describe as "with the unions"), was in fact unprocudural.
- It's our understanding that the members that did attend, were there for information purposes only.
- This perturbs us. You repeated to them the same words that the SABC EXCO have repeated to us Ad Nauseam for such a long time: "We only have 8.5%."
We are now very concerned that you seem not to understand us. Please therefore allow us to make ourselves very clear:
We know the SABC only left 8.5%" in our Salary Account.
We want the rest of our promised 12.2% to be returned by the individuals who removed it from our Salary Account.
They had NO right to raid our Salary Account. It is a worker's most treasured right - to be paid his agreed upon salary. Anything less is clearly frowned upon by the law authorities - so much so that heavy fines are imposed for short payments.
No amount of "economic hardship" can justify anyone taking money out of a worker's Salary Account. It is as taboo as robbing a grave.
We've allowed the SABC to open negotiations on this matter. In the interests of Good Faith bargaining, we've levelled a simple request - please safeguard our Salary Account for the future.
This would mean suspending all those who are suspected of having squandered the money in our Salary Account, to be investigated and procedurally charged - using the existing Audit Reports. If needed, they must be procecuted, and their assets attached for return of the money to our Salary Account.
Up to date, we have had no success with EXCO to get this legal request to ensure Good Faith bargaining fulfilled.
We now call upon you to please not meet with junior officials on an Ad Hoc basis.
Our elected Official point of contact is Comrade Gallant Roberts, the General Secretary of the Communication Workers Union.
Kindly extend a proper invitation to him - with a proper time period allowed - to enable us, via the CWU Secretariat (which has been democratically elected by us to co-ordinate) both at this plant and at the CWU HQ, to consolidate our agenda points properly.
We aim to input constructively, with the aims of safeguarding not only the future of the SABC, but the entire Broadcast Industry, which employs around 100 000 people.
The meeting, when it does happen, promises to clarify many things that have been muddied by haphazard meetings at short notice.
Our position remains one of Good Labour Relations
The Unionised Staff of the SABC, via the hand of the CWU Secretariat.
Nominations: Appointment of SABC Board Members
Are suited to serve on the Board by virtue of their qualifications, expertise and experience in the fields of broadcasting policy and technology, broadcasting regulation, media law, business practice and finance, marketing, journalism, entertainment and education, as well as social and labour issues
Are committed to fairness, freedom of expression, the right of the public to be informed, as well as openness and accountability on the part of those holding public office
Represent a broad cross-section of the population of the Republic
Are committed to the objectives and principles as enunciated in the Charter of the SABC.
Written nominations must contain:
The full name, address and contact numbers of the person or organisation making the nomination
A signed acceptance of the nomination by the nominee
A Curriculum Vitae of the nominee, providing the following information:
- Full name, ID number and gender - Latest address, contact and fax numbers- Previous experience, quoting dates and organisations or institutions concerned - Academic qualifications.Appointment process: The Committee intends to short-list candidates, conduct interviews and present its findings to the National Assembly for recommendation to the President.Nominations can be emailed to Noluthando Skaka at nskaka@parliament.gov.za by no later than 31 July 2009 before 12: 00 noonEnquiries: Tel. (021) 403-3751Issued by Mr I Vadi, MP: Chairperson: Portfolio Committee on Communications
Guess who said this?
OK, so no one got the answer. It was Pieter Willem "PW" Botha, just 3 months before he and his opressive regime was toppled.
Let us hope don't have to wait so long...
K1 Auditorium, Monday 12:00 - 13:00
We thank Hannes from Bemawu for the update as follows:
Management officially tabled the following offer with the delegates:
Scale 405-409=10,25%,
401-404=9,75%,
300=9,25%
all backdated to 1 April.
We have no information regarding our demand for safeguarding our salary account (for next year and the year thereafter).
That can only be achieved once the existing forensic audit reports are acted upon. We see at least some in News Department have finally been considered serious enough by management to suspend those under investigation, at SABC News International. It means the staff there will be less fearful now, and a deep investigation may now proceed peacefully.
Ben's personal opinion (please comment on this):
In principle, a small gesture towards closing the wage gap is always welcome in any Labour Movement, as it is an International Labour Principle. However, it should be noted that for an average 404 employee (ave: R13 250 per month), it will only mean R1291 per month extra (R950 after tax). It that what we have been fighting for?
The above is my personal opinion. I just don't think it is enough. OK, now you guys know my salary. Luckily you don't know my name.
Minister MUST resolve
We are saying to Government, Cabinet and Parliament:
1. This is your doing - you put the looters here
2. You must remove the looters from us, we can not afford the losses they keep incurring
3. You should pay us what was taken from us - we are not responsible for the looting
4. You should do your best to get the Assets Forfeiture Unit to retrieve the loot (after due process)
Mr Minister - please act today! We do not want to take this to the streets if you can do the right thing today. But if you do not, we will have the first full blown strike in the history of the SABC!
It is very simple do do what we ask:
Much of the audit is already complete. The looters are now trying to cover it up (and have been for a while). All that is needed, is political will to bring the looters to book and retrieve the loot.
Please watch us picket today - we are serious about this.
To the picketers - we have asked some of our comrades to take pictures, and we will award the winner on this blog this evening!
- ps: Please let us have comments on what Cde Rian is saying about the Interkom logo. Some of us were not here at that time. We need information on who the Intercom logo belongs to, so we can officially respond.
"Interkom/Intercom" belongs to staff
Note that, using the SABC breakfast program, an unprocedural communication was made to staff, regarding a "subject to approval" 1.5% that may (or may not be), available in October.
We are also aware of a communication from a certain individual in Corporate Communications, who claim we are "mischievious" by forwarding mails that come from one of their staff members.
We have placed on record that no communication from the much abused mouthpiece of EXCO (an email adress named "corporate communications" can be trusted any longer. We also note that 90% of staff in any case delete mail from that address without reading it. Those records were available from the IT department, until the senders stopped requesting "read receipts".
Note that the logos "Interkom" and "Intercom" are the intellectual property of the staff of the SABC. A contest was launched in the last century, to get a new name for the "staff magazine". Individuals who now suddenly call themselves the owners of the logo "Interkom/Intercom" would be well advised to go and check who created the name, and so establish which "individuals" it really belongs to. The creators of the name/logo/brand selflessly then allowed all SABC staff to share in this Intellectual Property "Interkom". The moral owner of the logo (SABC staff) now demand that the individual who has access to the e-mail address named "corporate communications", desist from abusing our logo, and hand it back to the staff, to whom it legally belongs.
IGNORE FALSE CONTENT OF EMAILS
There was, for example, the communication in June 2008, that stated our salaries would be 12.2% more from 1 April 2009. That turned out to be misleading. Clearly then, no communication from that source should be allowed by the SABC.
We call on SABC BIT department to deny that department access to our e-mail system, as false information cause serious disruption.
This offer was not made to our leaders in a properly constituted bargaining forum.
Clearly EXCO is continuing with what they have resolved to do when they made it clear to labour court the day after we got our Strike Certificate - Refuse to Bargain.
We are certain that the (real) SABC does not agree with this reprehensible conduct by EXCO.
At the moment, the (real) SABC's only representative is the Minister of Comminications, at least until such time the President signs the (Interim) Board into place.
When we picket today, between 13:00 and 14:00, know you are lobbying the Minister.
Exco does not represent the SABC. A motion of no confidence in "EXCO" was tabled by the SABC Organised Labour Alliance on 2 June 2009.
Kindly ignore all messages from entities named "Corporate Communications", as well has any letters from "EXCO".
Kindly only trust communications coming from the Minister, the SABC Board, or the SABC Organised Labour Alliance.
Ours position remains one of Good Labour Relations
SABC Organised Labour Alliance
Well done - Friday Picket will be even bigger!
The much awaited meeting with the Minister today never happened. Organised Labour has been pleading for a proper sit-down with the Minister for quite some time now.
OUR DEMANDS:
External, Independant Audit
We want to know how our salary account got emptied, and we want to know it fully - from a trusted external auditor (unconnected to government). We can't trust strange investigators.
There are good external auditors on SABC suppliers list (who've been sidelined when they started uncovering this rot). We only have trust in those with a good track record of rooting out high level corruption, mismanagement and white collar crime.
The monies we are owed
We want our salary account to be safe! We have, along with the SMF, no confidence in the current EXCO, as we have been lied to so much.
The Post Retirement benefits, the 3 year old promise of increased housing, expanded car subsidies, and so many more promises has never been honored.
Message to the Ministry
To the Right Honourable General Siphiwe Nyanda: Please appoint a trusted, independant auditor today! Everyone is calling for that - even EXCO. Please sir, we have to stop this ongoing flood of wasteful expenditure! We are very concerned that even our reduced salary will also disappear into "creative accounting" and weird budgeting.
Please, Mr Minister. We are now picketing in our thousands, and right now we choose to do so without disrupting services.
Please hear us - before we will have no other choice but to demonstrate our value - by witholding our scarce and valuable skills in full.
8.5% is NOT YET 10% Offer
Apparently this is not so - the delegates fed back to us that no such offer was made. "Management" said they still have to "go look" for the extra 1.5%.
This begs the question: What if management does "find" the extra 1.5%?
It is becoming increasingly interesting - if not mildly amusing - to observe how management magically "finds" extra money - every few days. We would have smiled if it was not so sad.
Just 34 days ago, this same management looked us straight in the eye and claimed that after much searching, they ONLY have between 6 and 7% left to give us as a salary increase.
Where did they misplace it? In the ceiling? Under their beds? Swiss account?
They, our beloved managers, are however no longer capable of surprising us.
Should we now thank management for looting "only" 2.2% out of our salary account, instead of the 3.7% they were planning to loot a week ago? Or the 5.2% they wanted to loot 2 weeks ago?
We believe they should loot nothing. We believe they should bring back everything they have looted, pay us what they legally owe us, and then leave.
As always, our position is one of Good Labour Relations
SABC Organised Labour Alliance.
Update
We are ONE in organised labour. It is required that all decisions be made in an orderly manner. In light of this, the CWU HQ and all its provincial offices have been tasked with providing the materials for the industrial action, lunchtime pickets and marches.
Viva Organised Labour Viva!
Message from Rian
Allow me to update readers of what has recently been happening. As you would have seen on Friday, I have been asked by the organised employees of the SABC to communicate as much as possible to them. It is much more effective to do so on this blog, than by SABC email.
I have been elected as one of the co-ordinators of the industrial action to take place over the next two weeks. I believe it will be a very effective and visible protest. It will surely get the Shareholder's attention, convincing him of our value. That is what all strikes are about - to prove to the owner(s) that they should value their accumulated skills base more. I have no idea how "management" thinks they will be able to continue broadcasting without us. If they can, we owe it to the World to enable them to demonstrate such a miracle. The irony is that their mere attempt to do so, will be very costly, and there is no money to begin with.
Note that as with us, our suppliers are also in danger of not being paid. We must make sure the strike is very short and effective, so minimal damage occurs. We will provide a program to SABC soon, so that advertisers move their spots earlier or later, to cause least financial damage. We want to prove our value, not cause huge further financial losses.
HOW DID THIS HAPPEN?
It has become abundantly clear that a single factor has caused the dire financial situation the SABC finds itself in - over expenditure. There was NO "drop in revenue", as the big spenders may want you to believe. The money was wastefully spent on the following:
- Local programs - programs by friends and bribe payers - without measuring returns in the form of sponsorships, ad revenue or public mandate value.
- Sports rights - Much money was paid for rights to sporting events, without consideration that it was never scheduled for transmission.
- Overseas programs - The 1st class flights and 5 star hotels for top executives in Los Angeles, Cannes, and London brought back highly expensive programs not suited to our viewers.
- Local sport production - without consideration for value to our advertisers or sponsors, production costs for programs produced (S & T, traveling) was always more that advertising returns.
- Extra staff - Friends of top management were hired in droves over the past 3 years - so many we have lost count. None of them actually broadcast, but the HR, Finance and Corporate Communications departments have DOUBLED their staff complement.
- Promotion of friends - it is no secret that some of Top Management's friends earn R70 000-00 per month for very little value
- Consultants - nearly One Billion over the last 3 years - if we had competent people in management, we would have saved ALL of this.
In light of this, the leaders of the unions at the SABC have now resolved to, without delay, to stop recognising the entire Top Management complement as part of the SABC.
This means that the organised staff of the SABC will now only negotiate with the new Interim Board, the Ministry, or with the Parlaimentary Portfolio Committee on Communications, or people fully authorised and mandated by the abovementioned.
The leadership have further resolved that no bail-out package can be sought by the same people who already squandered all the SABC's assets.
All the SABC stakeholders - the Unions, SMF, Interim Board, as well as the Shareholder, have all already seperately agreed that a full forensic investigation must take place without any delay.
In light of this, we (SOLA) have already engaged with many of the best individual forensic investigators, auditors, and auditing companies, and have even started providing affidavits.
For further information - and if you need to make an affidavit - please contact your union HQ for instructions on how to make a Protected Disclosure with one of the participating auditors.
Note that at this point, the SABC Internal Audit can unfortunately not provide an adequate service, due to the sheer volume, and the fact that they have neither a head not an audit committee chair to report to.
Auditors and investigators who can prove capacity, are requested to contact the offices of the Auditor General to offer assistance with this enormous task.
Long live the SABC long live!
Rian Geldenhuys
Spokesperson - SABC Organised Labour Alliance (SOLA)
Co-ordinator - Protected Industrial Action
Are you willing to defend the organisational rights of the union?
Can Cde Rian expect a fair hearing from these SABC managers?
By refusing to see our value, the SABC negotiators are:
Who currently keeps the SABC on air?
SEF has convinced Jane Duncan (freedom of expression champion) to accept our nomination, only if it comes from us
The counter proposal is:
Should CWU/MWASA refer the "agreement" signed by "SMS ballot" to CCMA for adjudication?
The letter to SABC Board is hereby:
Who can save the SABC?
What is the main reason you will strike?
What should the Minister do to stop the strike?
Who should we negotiate with?
Important Vote - Build the SABC
ONLY VOTE ONCE!, When it is the square tickboxes, first select ALL the blocks you agree with, then press "Vote".
ALL COMRADES MUST PLEASE VOTE! - pass it on - Shop Steward Janine Murison has been denied an opportunity to present the truth in Labour Court. Please mandate the Way Forward:
Which of the following are most responsible for the financial freefall at the SABC?
For Waste, Secrecy, Arrogance, and (Allegations), we Demand the Suspension and Invesigation of:
What is the best type of increase for you?
Who should resign?
Should SABC EXCO refuse our demands, will you:
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2009
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July
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- Questionable agreement
- Disrespectful SABC now feels the brunt of Worker F...
- Prepare for 11 August March - joint Telkom and SABC
- Khanyi Mkonza - Former Board Chair Open Letter (Ti...
- 1st AGM of SABC Employees Forum Announced Soon
- SABC Board Member Nomination Deadline 14 August
- SABC can be Great again
- Time to prove who keeps the SABC running
- Open letter to SABC Board Chairperson
- Nominations: Appointment of SABC Board Members
- Guess who said this?
- K1 Auditorium, Monday 12:00 - 13:00
- Minister MUST resolve
- "Interkom/Intercom" belongs to staff
- Well done - Friday Picket will be even bigger!
- 8.5% is NOT YET 10% Offer
- Update
- Message from Rian
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July
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