2014 REVIEWED EDITION
WATER IS LIFE
Thia agreement is made this day 28 of 11, 2014 between Northern Region Water Board; Central Region Water Board; Lilongwe Water Board; Blantyre Water Board and Southern Region Water Board acting jointly and severally (hereinafter called "Board") on the one part and water employees Trade Union of Malawi (hereinafter called "WETUM") on the other part.
WHEREAS
A. The Boards and WETUM agree to establish and maintain a sound relationship and negotiating arrangements between Management (as hereinafter defined) and WETUM within the parameters of the law, based on the mutual respect and trust with the objective of limiting conflicts between them and ensuring the efficincy and prosperity of the Boards and WETUM for the benefits of all concerned.
1. PREAMBLE
The two parties to this agreement meeting together in free heart and voluntary association, have fully determined to regulate the relations between them in the interest of workers and management. They agree voluntarily to work together to incrase productivity and promote and establish mutual understanding and cooperation as follows:
1.1 In all the negotiations between the parties WETUM shall be represented by members of the executive and/or co-opted union members. The boards shall be represented by chief Executive Officiers and their delegates and co-opted members.
1.2 That means shall be readily available whereby any issues which may arise affecting the two parties can be fully and promptly considered with a view to satisfactory settlement.
1.3 That the recognized procedure of negotiations and discussions between both parties shall be, so far as practicable, fully known and understood by WETUM and by all management of the boards.
1.4 The boards and WETUM undertake to:
1.4.1 Supply water to customers all the time in line with the mandate of the boards as stipulated in the water works act.
1.4.2 Promote the growth and success of the boards and the well-being of the employee in an atmosphere of industrial peace and stability in accordance with the recognised health, safety, welfare and operational standards of the boards.
1.4.3 Cooperate with each other to ensure that employees are hardworking and fully committed to improving the corporate image of the boards.
1.5 Both parties endorse the principle of freedom of association as enshrined under section 32 of the constitution of the Republic of Malawi.
1.6 The terms of this agreement shall be observed subject to provisions of the agreements signed by individual water boards and WETUM branches.
2. DEFINITIONS
2.1 Except where the context requires, the expression set out herein below shall have the following meaning whereever used in the agreement.
2.1.1 "Constitution" means the constitution of the Republic of Malawi.
2.1.2 "Union constitution" means the constitution of the water Employees Trade Union of Malawi.
2.1.3 "Boards" means all the five water boards namely Northern Region Water Board; Central Region Water Board; Lilongwe Water Board; Blantyre Water Board and Southern Region Water Board.
2.1.4 "WETUM" means Water Employees Trade Union of Malawi.
2.1.5 "Essential services" means services as stipulated in the labour relations act (No 10 of 2004). Take note that the existing labour relations act of 1996.
2.1.6 "Management" means the Management of thr Five Water Boards.
2.1.7 "Strike" means as defined in the labour Relations Act (No 10 of 2004).
2.1.8 "Industrial Relations Court" means as defined in the Labour Relations Act (No 10 of 2004).
2.1.9 "Lock out" means as defined in the Labour Relations Act (No 10 of 2004).
2.1.10 "Dispute" means as defined in the Labour Relations Act (No 10 of 2004).
2.1.11 "Negotiations Committee" means a committee formed under 8.1.1 to discuss collective bargainig issue that may not be resolved at an ordinary meeting of the two parties.
2.1.12 " Workers" mean members of staff in all the five water boards excluding those in corporate/executive management team.
3. COLLECTIVE BARGAINING ISSUES
The Board shall accord full recognition to WETUM as a properly constituted and representative body and the sole labour organisation representing the interest of workers in the Boards, in line with S26 (4) of the Labour Relations Act, in the following matters:
3.1 Productivity
3.2 Capacity Building
3.3 Gender Mainstreaming and Discrimination
3.4 HIV and AIDS in the workplace
3.5 Corruption
3.6 Water Sector Policies
3.7 Youth participation
3.8 Water Sector Policies
3.9 Issues referred from individual Water Boards after failing to resolve them at individual board level. These issues shall include but not limited to the following:
(i) Housing
(ii) Working hours/days
(iii) Leave
(iv) Promotions
(v) Retrenchment
(vi) Transport
(vii) Discipline and Grievance Procedure (VIII) Cost of living
(vii) Staff welfare
4.
WETUM undertakes, after elections have been carried out in accordance with the union constitution, to present to Management without delay the names of new executive members of the Union and advise any changes in office bearers as they occur.
5.
WETUM agrees that Management and the Board of Directors have in perpetuity the sole right and mandate to implement policy and manage the Boards responsibly
6. ACCESS TO INFORMATION
To ensure effective collective bargaining, both parties shall not withhold relevant information unreasonably. Such information shall be made available to both parties in a timely manner. The two parties commit that the information so accessed shall be used responsibly and treated with outmost confidentiality. Provided that in line with Section 38 (3) of the Labour Relations Act, either party shall not be required to disclose:
(i) Information that is legally privileged
(ii) Information that constitutes an invasion of privacy of an employee without the consent of that employee
(iii) Trade or commercial secrets
7. MEETINGS AND NOTICES
a. ORDINARY MEETING
1. Management and WETUM shall meet at least four times a year to discuss matters as laid down in 3.1 above. The date and time of such meetings shall be agreed between the two parties.
ii. The agenda of such meetings shall be circulated 14 days in advance by the Secretary of WETUM in consultation with both parties.
iii. General Management/Chief Executive Officers of the Boards or their representatives shall chair the meetings.
iv. WETUM shall take minutes of all deliberations. Minutes shall be signed after confirmation.
v. All members of Management teams of the boards and WETUM Executives shall be allowed to attend these meetings. There shall be 60% representation from each party to form a quorum.
vi. Quorum shall be 60% of water Boards and 60% of WETUM Executive.
vii. Management and WETUM shall bear costs of the meetings.
b. EMERGENCY MEETINGS
i. Management and WETUM shall meet at any time to discuss matters deemed by either party to be extremely urgent. Either party may call for an emergency meeting whenever there are urgent issues of any kind from WETUM, management or Government.
ii. Notice of an emergency meeting shall be in writing and shall be given three days in advance.
iii. The Secretariat of WETUM shall write and circulte the minutes to both parties for their signatures.
iv. 60% representation from each party shall form a quorum.
v. Management and WETUM shall bear the costs of emergency meetings.
8. VICTIMIZATION
Both parties undertake to ensure that no member shall be victimized as a result of exercising his/her duties as a WETUM or Boards representative in good faith and in accordance with this agreement.
9. SUPPORT
a.The Board may provide support to WETUM during its congress, operations and in capacity building. The support may be material, technical or financial. It is expected that WETUM shall publish the quarterly income and expenditure reports to its members.
b.WETUM undertakes to support the Boards in achieving their missions and objectives through industrial peace, revenue collection and all matters that will ensure the efficiency and prosperity of the Boards for the benefit of both parties.
10. NEGOTIATION PROCEDURE
a. Both parties agree to the creation of a Negotiation Committee, which shall consist of not less than three and not more than five
representatives of each party. The parties also agree that up to two officials from either side, other than members of the Negotiation Committee may attend negotiation meetings as observers.
b. The Negotiation Committee shall be convened as soon as practicable, on the written request of either party, to discuss matters directly affecting employees in all the Boards. The subject to be discussed at the meeting shall be presented in the form of an agenda fourteen days before the date of the meeting. Any agreement arrived at shall be reduced to writing, signed by the parties and thereafter shall be binding on both parties.
c. Official minutes shall be taken at all meetings between the two parties and shall be circulated to all members. The minutes shall be confirmed by the parties at the following meeting.
d. In cases where the Negotiation Committee shall reach a deadlock, the steps as prescribed in clause 9 hereafter shall apply.
e. Where necessary, Management shall allow WETUM to report back to their Members in all the Boards. Similarly, WETUM shall allow Management to report back or consult their respective Boards of Directors where necessary.
j. Where there is a deadlock or in case of an unresolved dispute after 14 days, the matter shall be referred to the Industrial Relations Court for final determination.
12. WHOLE AGREEMENT
No amendment or cancellation for this agreement or any part thereof shall be of effect unless put in writing and signed by both parties.
This agreement shall be governed by and constructed in accordance with the Laws of the Republic of Malawi.
13. BREACH OF AGREEMENT
In the event of a breach alleged by one of the parties, such party shall inform the other party in writing of such a breach and this other party shall respond within 14 working days and provide further that in the event of there being no acceptable response, the aggrieved party may declare a dispute.
14. SEVERANCE
If any term, clause or provision of this agreement or the application thereof shall be or shall be deemed to be judged invalid for any reason whatsoever, such invalidity shall not affect the validity or application of any other term, clause or provision of this Agreement and any such term, clause or provision shall be deemed severed from this Agreement without affecting the validity of the balance thereof.
15. MODIFICATION TO AND TERMINATION OF THIS AGREEMENT
a. This Agreement shall remain in full force and effect until or unless:
i. Cancelled by mutual agreement
ii. WETUM ceases to exist either voluntarily or its registration as a Union is cancelled pursuant to Section 21 of the Labour Relations Act or if the Union ceases to exist for any other reason.
iii. Union membership falls below 15% of the employees in all the Boards.
iv. This Agreement shall come into force on this day and shall continue in force until amended or
terminated.
v. Either party wishing to amend or modify the Agreement shall give two months written notice to the other party with details of the proposed amendments. In the event of it providing impossible to obtain mutual agreement to the amendment of the Agreement that either party may invoke the dispute procedure.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly signed and by their authorized representatives and shall take effect on the day and year first above written.
Signed by and on behalf of WETUM - Secretary General
Signed by and on behalf of NORTHERN REGION WATER BOARD
Signed by and on behalf of CENTRAL REGION WATER BOARD
Signed by and on behalf of LILONGWE WATER BOARD
Signed by and on behalf of BLANTYRE WATER BOARD
Signed by and on behalf of SOUTHERN REGION WATER BOARD
Signed by and on behalf of: WATER EMPLOYEES TRADE UNION OF MALAWI (WETUM).
In the presence of:
MINISTRY OF LABOR - PRINCIPAL SECRETARY
DATE: 28 - 11 - 2014.