Noting that Sample Clauses
The "Noting that" clause serves to introduce background information or context relevant to the agreement or contract. It typically precedes the operative provisions and outlines facts, circumstances, or assumptions that both parties acknowledge as true or relevant. For example, it may reference prior negotiations, existing relationships, or external conditions that influence the agreement. Its core practical function is to ensure that both parties share a common understanding of the context, which can help prevent misunderstandings and provide clarity for interpreting the operative terms of the contract.
Noting that. 3.1. PSCBC Resolution 2 of 2011 specifies timeframes for the conclusion and/or implementation of certain issues including:
3.1.1. Development of a home ownership scheme; 3.
1.2. Minimum Service Level Agreement; and 3.1.3. Development of a remuneration policy.
3.2. These timeframes have or will not be met;
3.3. The wage bill as a percentage of GDP has increased from 9.4% in 2007 to 10.5% in 2011/12;
3.4. The real GDP growth has decreased from 6% in 2007/8 to 2.8% in 2011/12. This implies that government will not be able to meet its priorities, like infrastructure spending, poverty alleviation initiatives, etc without borrowing for recurring expenses, such as wages;
3.5. That unemployment remains relatively high, and that parties have a responsibility to assist government in its effort to reduce unemployment and poverty;
3.6. Government’s initiative to grow the economy through investment in infrastructure development; and
3.7. Additional to the salary increment referred to in paragraph 4. below; on 1 July 2012 (with the exception of South African Police Services Act personnel, who receive pay progression every three years) satisfactory performers will receive their pay progression in accordance with PSCBC Resolution 3 of 2009 and the various OSD resolutions signed in the sectors.
1 | THE PARTIES TO COUNCIL AGREE AS FOLLOWS:
Noting that. 1.1 Clause 12 (4) of the Council’s constitution provides that the parties to the dispute must agree on the person from the panel of conciliators, the panel of arbitrators or the panel of the accredited agency . If the parties to a dispute cannot agree, the secretary must appoint a member of the relevant panel to conciliate or arbitrate the dispute within 14 days after referral of the dispute to the Council;
1.2 Clause 13 (4) provides that a referral of a dispute to the Council for c onciliation must be made in writing to the secretary within the time period contemplated in the Act or any other relev ant statute or collective agreement except that the Council may condone the late referral of a dispute for c onciliation -
(a) subject to the Act, relevant statute or collective agreement; and
(b) on good caus e shown;
1.3 Clause 13 (5) provides that the party who refers the dispute must satisfy the secretary that a copy of the referral has been serv ed on all other parties to the dispute;
1.4 Clause 13 (6) provides that, if satisfied that the referral has been serv ed in complianc e with sub- clause 4 and that none of the parties to the dispute fall outside the registered scope of the Council, the secretary must -
(a) if there is a collec tive agreement in existence as contemplated in sub-clause (2), refer the dispute for resolution in terms of that proc edure;
(b) if c onciliators have been appointed in terms of clause 12 (1), ensure that a person in appointed in accordance with the procedure contemplated in clause 12(4), for purposes of resolving the dispute through conciliation; or
(c) if conc iliators hav e not been appointed in terms of clause 12(1) refer the dispute to the Commission for conciliation, Mediation and Arbitration in terms of the Act;
1.5 Clause 13 (7) provides that, if a party to the Council has referred a dispute for resolution in accordanc e with the procedure contained in a collective agreement contemplated in sub-clauses (2) and (3), that party to be dispute must notify the secretary in writing of -
(a) its intention to refer the dispute for conciliation in terms of that agreement within 30 days of the dispute arising; and
(b) the outcome of the conciliation and/or the consequential dispute resolution process;
1.6 Clause 13 (9) provides that, if the parties to a dispute hav e been authoris ed to follow a dispute procedure outside the auspices of the Council as contemplated in sub-clause (3), the parties must notify the secretary in writ...
Noting that. 2.1 Section 30 of the Labour Relations Act No. 66 of 1995 (“the LRA” stipulates that the constitution of every bargaining council must provide for the procedure to be followed if a dispute arises between parties to the bargaining council;
2.2 PSCBC has concluded and signed resolution 3 of 1998 that sets out dispute resolution procedures of Council.
Noting that. Clause 3 and 4 of Resolution 12 of 2001 amended the timeframes stipulated in Clause 8.2 of Resolution 9 of 2001 as well as Clause 4 of Resolution 10 of 2001.
Noting that. 2.1 Section 24 of the Labour Relations Act No: 66 of 1995 (“the Act “) stipulates that every collective agreement must provide for a procedure to resolve any dispute about the interpretation or application of the collective agreement;
2.2 Resolution 5 of 2000 did not provide for transitional dispute resolution procedures for disputes that arose before 1 June 2000.
Noting that. 3.1 Government has been paying the non-pensionable cash allowance as provided for in clause 3.3 of PSCBC Resolution 1 of 2021; and
3.2 Government may introduce measures in consultation with organised labour to source the additional funding required to cover the baseline increase provided for in this agreement.
Noting that the parties acknowledge and agree that project management services are as generally described in paragraph 15 of Appendix A; and
Noting that. The parties hereby recognize that the relevant matter was a mistake that occurred during the drafting of PSCBC Res 3 of 1999 and agree that clause 5 of Part XVI of PSCBC Resolution 3 of 1999 be amended to read as follows: “If the employer requires an employee to occupy specific housing, the employee shall pay:
5.1 for standard housing, defined as housing built with permanent materials,
(a) for married housing, 4 percent of her or his basic salary to a maximum of R 200 per month; or
(b) for single housing, 1 percent of her or his basic salary;
5.2 for non-standard housing, for instance prefabricated housing, 75 percent of the rent for equivalent standard housing; or
5.3 for voetstoots housing, which means housing that has deteriorated to the point where it cannot be fully repaired, 50 percent of the rent for equivalent standard housing.”
Noting that