| The Framework Agreement |
Context and commitments – In signing the FA, Implats commits to: |
Our contribution in 2014 |
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- Building a relationship among stakeholders based on trust and respect
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- Acting in a fair and impartial manner in dealing with unions and acting swiftly where these principles are violated
- Working with government and labour to identify and address factors behind workplace conflict
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- Improve internal security measures and consistently implement them at the workplace
- Negotiate in the workplace and industry in ways that support long-term development and constructive peaceful labour relations
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- A Code of Conduct was included in our newly signed recognition agreement with AMCU
- The Company has interdicted against any unapproved mass meetings or picketing areas
- Codes of conduct have helped ensure that all parties understand and respect this objective
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- The agreement does however still not fully address majoritarianism
- A new Recognition Agreement may be signed at Marula during 2015. This is provided that AMCU becomes the verified new majority union
- Mining companies work closely with security to prevent intimidation, and to ensure ethical behaviour. The Recognition Agreement signed at Impala lowered thresholds in a number of areas
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- Strengthening labour relations
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- Respect the rule of law and the legal framework in labour relations matters
- When taking decisions, to take account of both the broader context in South Africa (in particular the need to reduce poverty, inequality and unemployment), as well as the interests of investors
- Respect agreements and legal obligations
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- Contribute to creating cordial relations between unions in the sector
- Follow proper labour relations procedures
- Work with Labour to fast-track resolution of disputes
- The development of a pre-negotiations framework
- Recognise and respect cultural diversity in the workplace
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- A guideline for verification has been developed. This guideline relies on third party verification. Full co-operation by organised labour is needed for this to be done. Third party assessment of union deductions has been used on a number of occasions over the last two years
- Union membership verification and processing of union membership stop orders against the Company's payroll will be conducted in accordance with the Labour Relations Act
- We invested in improving the quality of the relationships that we have with employees, unions, government and local communities
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- Subsequent to our recent experiences the recently signed recognition agreement with the unions has simplified the verification process. We have identified and implemented initiatives aimed at ensuring more effective solutions for working in a multi-union environment, and to moving to a more open system where all employees are recognised and respected as equals, based on a culture of trust, respect and care
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- Ensure the rule of law, peace and stability
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- Properly adhere to laws, regulations and charters governing the sector and consistently apply their policies and respect agreements
- Take measures to protect staff members from violence and intimidation and to ensure that security personnel act in accordance with the law at all times
- Avoid acting in a manner that provokes of raises tensions in the work place
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- Participate in the Mine Crime Combating Forum (MCCF)
- Take all legal steps against unprotected labour actions
- Work with government and labour in developing protocols for security and law enforcement
- Where possible, inform police of all planned and unplanned strikes and protests
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- The Chamber of Mines has played a very active role in engaging with Security, Crime Prevention and Criminal Justice cluster through the National Joint Operations Command (NATJOC)
- Companies have played an active role through Provincial Joint Operations Command (PROVJOCs) and NATJOC (including information sharing)
- The Chamber has appointed a permanent liaison security Head to work with the Mining Companies and NATJOC
- Visible policing in hotspots has improved
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- Implats Security visibility has been improved in traditional safety hotspots, and reaction units remain on high alert to quell any violence that may erupt. Security Management on the mine maintain good relations with the SAPS
- During the strike period Impala Rustenburg has participated at the Joint Operations Command (JOC) in Phokeng by having permanent representation. Additional security measures have been put in place during the strike (100 additional security members, eight additional armoured cars, additional surveillance capabilities and helicopters on standby)
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- Improve living conditions
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- Accelerating the implementation of human settlement interventions
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- Assisting with resources and technical support for upgrading human settlements around mining towns within the context of regulatory requirements and additional voluntary contributions
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- A total of R261 million was expended on employee housing (2013: R445 million)
- The development of our second home-ownership flagship project, the Platinum Village in Rustenburg, has progressed well. Phase 1 entails investing R210 million in building 557 units; during the strike-affected year a total of 283 houses were completed and 181 handed over to employees in the Platinum Village. The R1-billion development project has a final target of 2 420 units, to be completed over the next three years. Consistent with government's vision of integrated human settlements, Implats is developing a Platinum Village schools project
- While the strike period did not affect our construction activities, it had a negative impact on house sales, due to the lack of earnings required by banks. We are confident that once the Rustenburg operations normalise, sales will pick up
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- At the Refineries the Tswelopele home ownership development comprising 108 housing units has been completed, to the value of R36 million. A total of 104 units have been sold to employees
- At our Marula operation, by year end we had built 58 of the target 122 units for employees. Project completion is on schedule for December 2014. The contract value is R58 million
- Following the completion last year of the R406 million Sunrise View home ownership development (with 1 717 units built and sold to employees) and the launch of the Sunrise View Primary School, this year Implats completed the development of the Sunrise View High School, which was opened in February 2014
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- Assist workers with financial literacy and financial planning
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- Assist workers with financial literacy and financial planning
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- Inform individual employees upon receipt of emolument garnishee orders and consider steps to assist employees who are highly indebted
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- In 2014, 707 employees were enrolled for ABET, which provides for basic numeracy skills
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- Reaching optimal levels of transformation
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- Accelerate progress in transformation, including the areas of ownership, procurement, employment, beneficiation, human resource development, as well as health and safety in line with the targets set out in the Mining Charter
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- Review its long-term strategy and support initiatives for restructuring, re-skilling to achieve competitiveness, sustainable growth and transformation
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- Implats has continued to focus on transformation. Our performance against the Mining Charter is as outlined here
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- Transform the migrant labour system
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- Improve socio-economic conditions in labour sending areas
- Enforce and implement all elements and commitments of the Mining Charter
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- Ensure integration and implementation of SLPs and IDPs in labour sending areas and mining areas
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- In support of the Deputy President's Framework Agreement (DPFA), a Task team has been established to participate in the government driven policy review around migrant labour, spearheaded by the Department of Performance, Monitoring and Evaluation (DPME) a multi-stakeholder committee consisting of Labour, Industry and government
- The Committee has since appointed the services of a consultancy to conduct research pertaining to the migrant labour system, taking into account, economic, social, health, safety, industrial relations and mining policy
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- This research is planned to run from August 2014 to October 2014. Implats has two representatives on the Chamber task team. The outcomes of this process will inform policy around migrant labour. Through the Chamber, input shall be given to this process to ensure that industry issues are taken into account
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- Resolve labour disputes as speedily as possible in the best interest of members and South Africa
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- Negotiate in the workplace and industry in ways that support long-term development and constructive peaceful labour relations.
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Impala works closely with Unions to resolve all internal disputes through dispute resolution mechanisms and within the auspices of the Commission for Conciliation Mediation and Arbitration (CCMA). Process issues flowing from wage agreements will be handled by the plenary through the task teams established by the Company and the Union. The work of the task team may include consultation and/or advice from third party expertise. These task teams will deal with issues which include: |
- micro-loans and garnishee orders
- medical separation agreements
- retirement benefits and funeral cover
- subcontracting, labour hire and employment agencies
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- job grading reviews
- shareholding review
- medical aid
- life skills centre
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- Assist workers with financial literacy and financial planning
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- Find sustainable solutions to employee indebtedness and empower employees to be able to adequately manage their financial affairs and guard against unscrupulous micro lenders.
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- The Chamber has established an internal task team on employee indebtedness to amongst others drive financial literacy training. Both Old Mutual and Edu-touch are starting to roll out programmes in mining areas and in mining communities
- Some companies have started an analysis of the opportunity to manage emolument Attachment Orders and how to help restructure indebtedness of employees
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- A number of companies have reported good progress on this matter
- Implats has hired a former Sheriff of the Court who now works in our finance department to assist in identifying and curbing fraudulent garnishee orders. We have seen an improvement as some garnishee orders have been deemed unprocedural. Through our Adults Basic Education programme we have included numeracy training
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