Questionable agreement

CWU, MWASA and many disgruntled members of an individual (????????) - who believes same individual used unconstitutional, secret, and unmonitored "SMS voting" as a tool to protect a corrupt management - strongly objects to the opportunism in clause 6.2 especially, as well as over the legality of the so-called "SMS" mandate, for which there are no constitutional grounds. We call on all members who used to be fooled by this undemocratic individual to join real unions with definite, legal, and constitutional collective bargaining records.

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.