RECOGNITION AGREEMENT:
Evander Mines Pty Ltd entered into a recognition agreement with The Recognised Unions
Aim:
Regulating the aspects of the employment relationship between employees as members of the union and the employer.
The Company and the Union, being parties to this agreement, are bound and obligated by the terms and conditions of this recognition agreement.
TERMS OF REFERENCE:
- The company and the union endorse the principle of freedom of association. No person may be forced to join or not to join a trade union.
- Differences shall be reconciled through dialogue, discussion and where mutually agreed, through negotiation.
- Parties agreed to not victimise or discriminate against any employee on grounds of union membership, race, sex, religion and creed.
- Sound and fair industrial relations are in the interest of both parties, hence both parties should desire to have harmonious work relationships.
- Parties should operate in good faith with a spirit of mutual respect
- The union recognises the right and responsibility of management to manage the company in accordance with sound management principles.
- The company recognises the right and responsibility of the union to manage the union affairs in terms of their constitution, legal obligations and sound labour practices.
- Parties have a common objective in continued growth, prosperity and profitability of the company.
- This agreement is legally binding.
DEFINITIONS:
- Bargaining unit means all permanent full time employees in job category workers. This shall not preclude the right of any other employee or non permanent employee of the company to join a trade union.
- Constitution means the constitution of the union in possession of the company at the date of signature of this agreement, together with all amendments thereto which the company received in written notification from the union.
- Employee means any person who is permanently employed by the company in a position falling within the ambit of the bargaining unit.
- Representative Trade Union means a registered trade union which is able to verify to the satisfaction of the company that at least 50% plus 1 of the employees are members of the registered trade union.
- The sole measurement of representivity and membership shall be on the basis of properly completed and valid stop order forms in possession of the company.
OBLIGATIONS AND RIGHTS OF PARTIES:
- The exercising of rights shall not be abused to hinder or undermine the day to day management of the company.
- Parties warrant that their representatives are duly authorised to represent and bind them in agreements.
- Parties will comply with legislation related to the agreement.
- The company retain the right to train, communicate and consult with employees at the place of work.
- The union retains the right to communicate with their members in accordance with the agreement and the constitution.
- The Trade Union undertakes to provide their annual report and financial statements to the company.
- Any union member may revoke his or her authorisation to deduct union subscription and levies by giving one month’s written notice to both parties.
UNION ACCESS TO WORKING PLACESTRADE:
- Accredited full-time officials of the union may have access to a working place provided the Human Resource Manager has been duly notified 24 hours in advance of the intent to visit such work place. Such official shall respect any requests by the Human Resource Manager.
- Such Union official shall notify the Human Resource Manager on arrival at the work place and upon departure.
- The union shall ensure that the company operations at the workplace are not in any way disrupted in such areas.
- Access shall only be permitted to one union at a time and such access shall be limited to one hour per calendar month.
- Union representatives shall comply with all security arrangements and procedures of the company. The company reserves the right to ask for proof of identity
TRADE UNION MEETINGS:
Accredited union representatives shall have access for union meetings with members provided:
- The union notified the Human Resource Manager 24 hours in advance of such intended meeting.
- Such meetings shall take place after working hours
- During such meetings the services and operations shall continue as normal and shall not be disrupted.
- The company may provide reasonable facilities to conduct such meetings.
NOTICE BOARDS:
- The company shall provide notice boards for use by the unions.
- Union notices have to be authorised by the Human Resource Manager prior to placement on such notice boards
- Minutes of all meetings between parties shall be displayed on the notice boards.
SHAFT STEWARD ELECTION:
- Nominated prospective shaft stewards shall have a minimum of one year service with the company.
- The union constitution will direct the election process for shaft stewards
- Vacant shaft steward positions – Elections must take place within 30 days.
- The replacement shaft steward shall hold office for the unexpired period of his predecessor.
WORK PLACE MANAGEMENT AND SHAFT STEWARD MEETINGS:
- Meetings shall take place monthly
- Each party shall submit an agenda at least three days prior to the meeting
- Shaft stewards shall be permitted one hour of working time in preparation for such meeting.
- Monthly one hour feedback meetings with/to members shall be permitted after hours.
RIGHTS AND DUTIES OF SHAFT STEWARDS:
- Shall represent the union in discussions and negotiations.
- Shall represent members during working hours in disciplinary procedures’
- Shall be obliged to perform their duties in accordance with the terms of reference of their constitution and the agreement.
- Shall not leave their place of work to attend meeting without permission from the immediate supervisor.
- Conduct maximum of two hour meeting per calendar month with members to provide feedback.
- Shall have reasonable access to telephone, fax machine, photocopying and typing for purposes of their duties.
SHAFT STEWARD TIME OFF:
- Shaft stewards shall be granted 5 working days paid leave or absence in every 12 months cycle for purposes of attending courses, conferences and seminars approved by the union.
- Additional shaft steward leave may be granted on an unpaid basis subject to prior approval by management.
- Union office bearers may be granted paid leave subject to prior approval by management.
- Requests for such leave shall be submitted at least 7 days in advance.
- Formal meetings and negotiations with the company will be considered in line with their duties, provided that permission and awareness protocols have been followed.
FULL-TIME SHAFT STEWARDS:
Shall not directly or indirectly:
- Shall not interfere with duties of their members.
- Shall not give instructions to any member or influence the non compliance to instructions issued by supervisors
- Shall not instigate, incite, aid, advice, encourage or procure any employee to take part in an illegal strike.
- Shall not attempt to interfere with the formal communication system of the company.
- Shall not enter the working area without the consent of the cost centre holder.
- Shall make prior arrangements with a cost centre owner to visit a work area.
- Cost centre holder shall appoint a representative to accompany such full-time shaft steward.
COLLECTIVE BARGAINING RIGHTS:
- Negotiate once per year on wages, terms and conditions of employment.
- Negotiations on mutual interest aspect may take place outside of the annual agreement.
- All demands, offers, counter proposals shall be in writing.
- Union shall submit annual demands by no later than 1 April of each year.
- Company shall submit counter proposals within 15 days.
- All agreements shall be in writing and shall be displayed on notice boards.
- Annual negotiations shall commence no later than 2 May unless otherwise agreed.
VACATION OF OFFICE:
Shafts stewards shall vacate offices;
- On expiry of period for which they have been elected.
- On resignation as shaft steward.
- Termination of employment with company
- Being promoted to management position within company.
- On ceasing to be a union member.
- On voluntary/own request transfer from his section or department.
- Failure to carry out duties in terms of this agreement.
- On petition of 50% plus one of membership requesting such removal from office.
- When agreement between parties have been cancelled.