Sssbc Agreement 5 Of 2002
This collective agreement regulates working hours in the SAPS since its conclusion. From February 2005 to May 2005, the unions and the Commissioner participated in a process of streamlining, revising and consolidating the various collective agreements concluded in the SAPS between 1994 and 2004, resulting in another collective agreement that resulted from an agreement and maintained others. It is clear from the provisions of the latter agreement that the 5/2002 agreement has been maintained and is therefore current and of full effect. Moreover, the qualification of the tender as an administrative measure is justified by its public nature. The final closing of the tendering contract is preceded by purely administrative acts and decisions by civil servants in the area of the use of public funds by public bodies of public interest – Logbro, paragraph 19. On the other hand, the adjustment of deferrals within the meaning of a collective agreement should not be considered an administrative measure, particularly in the context of a contract concluded on equal terms between equal parties „without any element of superiority or authority“ arising from SAPS` public position. The organized power of trade unions, conferred by the constitutional rights of workers under Article 23 of the Constitution and the Labour Relations Act, places them on an equal contractual basis for SAPS – Logbro Para 10. The issue in question is not the situation in which the state applies a contract with another party on the basis of „take or leave“ where a consensus is more obvious than real. The very purpose of collective bargaining is to make the relationship equal. Collective bargaining organizes and distributes contractual power through the power play inherent in the process. This directive from the National Commissioner is consistent with all relevant legislation and contractual provisions. Rumours are circulating that the introduction of an adapted 8-hour shift work system represents a unilateral change in working conditions for workers.
Changing working hours is more a change in the practice of work than a change in terms of service. The National Commissioner has the right to change any practice of work. Any new service regime for employee working time will only be put in place after meaningful advice to employees and their recognized workers` organizations, in accordance with the 2002 SSSBC 5 agreement. On July 8, 2005, SAPU sent a letter to SAPS management indicating that the implementation of the working time changes in the second circular would be contrary to Section 23(4) of the LRA, Article 16.9 of the SSSBC Constitution, a labour court decision of 28 March 2005 and agreement 5/2002.