9.1
|
Introduction
This section includes discussion and comment on the human resources related aspects associated with the Material
Properties. Specifically, information as provided by Kumba and Eyesizwe is included on the following: current
legislation; the current board, executive and operational management structures; recruitment, training, productivity
initiatives and remuneration polices; industrial relations; and terminal benefits liabilities. SRK note that the following
section, in certain instances, includes discussion and comment on public domain statements which have been made.
Certain aspects of these have been independently audited by various companies, specifically where these relate to
compliance with regulatory requirements including the Mining Charter. These items may not be strictly required in
respect of compliance with the Listings Requirements or the SAMREC Code. SRK however recognise the increasing
importance of these items in respect of the South African Material Properties and specifically in respect security of
tenure and have included disclosure relating to these for this reason.
|
9.2
|
Legislation
Various regulatory authorities, in addition to mining and labour codes, govern labour legislation in the countries in
which Exxaro operates. In general these are well-established in conjunction with Exxaro’s operating policies and form
the cornerstone of human resource management.
9.2.1
|
South Africa
Since 1995, the South African legislature has enacted various labour laws that enhance the rights of
employees. For example, these laws:
- Confirm the right of employees to belong to trade unions and the right of unions to have access to the
workplace;
- Guarantee employees the right to strike, the right to picket and the right to participate in secondary strikes
in certain prescribed circumstances;
- Provide for mandatory compensation in the event of termination of employment for operational reasons;
- Reduce the maximum ordinary hours of work;
- Require large employers, such as Exxaro, to implement affirmative action policies to benefit historically
disadvantaged groups and impose significant monetary penalties for non-compliance with the
administrative and reporting requirements of the legislation; and
- Provide for the financing of training programmes by means of a levy grant system and a national skills fund.
The Labour Relations Act regulates the relationship between employers and trade unions, establishes dispute
resolution mechanisms, promotes collective bargaining and protects employees from unfair dismissal.
Separation may be carried out on the basis of genuine economic, technological, structural or similar needs
of an employer. Consultation, with full disclosure of relevant information, is required with trade unions prior
to employers effecting separation programmes.
The other major statutes in force in South Africa relating to Human Resources include:
- The Basic Conditions of Employment Act, 75 of 1997, which prescribes minimum conditions of
employment, excluding wages;
- The Occupational Diseases in Mines and Works Act, 78 of 1973, and the Compensation for Occupational
Injuries and Diseases Act, 130 of 1993, which provide mechanisms for compensating employees who
have been incapacitated as a result of injury or disease arising from the performance of work;
- The Occupational Health and Safety Act, 85 of 1993, and Mine Health and Safety Act, 29 of 1996, which
impose a duty on employers to provide a safe and healthy working environment; and
- The Employment Equity Act, 55 of 1998, which prohibits unfair discrimination and places an obligation
on employers to implement affirmative action measures.
The Mineral and Petroleum Resources Development Act, 28 of 2002, and the Broad-Based Socio-Economic
Empowerment Charter, developed in terms of the Act, prescribe requirements, inter alia, in terms of human
resources development, employment equity, housing and nutrition, and community upliftment, all of which
inform Human Resources policies and procedures. Compliance with the scorecard against which progress
with the Charter is measured, is a prerequisite for the conversion of old order mining rights to new order
mining rights.
Some Material Properties have submitted Social and Labour Plans to give effect to the Charter to the
authorities. Appropriate fora have been established with all representative unions in an effort not only to give
effect to the Employment Equity Act and the Charter, as well as to address, through appropriate policies,
procedures and structures the total development of human resources. Through a process of consultation and
negotiation with regulatory authorities and representative bodies, including organised labour, mine
management has initiated various programmes to ensure compliance with the various regulatory statutes.
Kumba and Eyesizwe have informed SRK that the Material Properties are materially compliant with all South
African labour legislation, with appropriate exemptions obtained where necessary by agreement with
organised labour.
|
9.2.2
|
Australia
Employee relations in Western Australia are regulated by a combination of federal and state statutes, which
stipulate minimum standards and provide the basis for collective bargaining and action.
All employment contracts with the Exxaro’s staff are Australian Workplace Agreements (“AWA”) under federal
legislation. The workforces at the Australian Operations are not unionised.
|
9.2.3
|
Namibia
Labour legislation in Namibia is governed by the various regulatory authorities and mining and labour codes
within Namibia. Rosh Pinah has informed SRK that the Mine are materially compliant with all Namibian labour
legislation, with appropriate exemptions obtained where necessary by agreement with organised labour.
|
|
9.3
|
Industrial Relations
The Material Properties are planned to employ and contract (“TEC”) some 10,000 people with approximately 80%
being registered members of trade unions. Industrial relations at the Material Properties are managed in accordance
with key driving factors. These include the prevailing legislative requirements, regulatory bodies, labour
representation including registered and unregistered organisations, collective bargaining arrangements and specific
employee/employer agreements.
Historically, trade unions in South Africa have, due to links with political parties, had a significant influence over social
and political reform and in the collective bargaining process. Presently the situation is manageable, however it is
uncertain whether labour disruptions will be used to advocate such political causes in the future.
Mine management has initiated a process involving all labour representatives (unions and management) to ensure
appropriate and timely interaction to resolve industrial relations issues, including communication, consultation and
collaboration, bonus allocation and policies and procedures. Depending on fluctuations in international commodity
prices and exchange rates, future workforce reductions may be required. In this instance SRK consider that
appropriate procedures are in place and, other than periodic action during wage negotiations, industrial relations risks
are manageable.
|
9.4
|
Board, Executive and Management Structure
During 2005 the Board of Exxaro (formerly Kumba) consisted of 18 directors, comprising both executive and
non-executive directors. Exxaro will continue to implement the Kumba corporate governance structures. However, it
is anticipated that the Board will be restructured to include Eyesizwe representatives as well as representatives from
its major Black Economic Empowerment shareholders.
|
9.5
|
Recruitment, Training, Productivity Initiatives and Remuneration Policies
Recruitment, Training, Productivity Initiatives and Remuneration Policies are in general, typical of operating practices
and strategies as implemented within the South African, Australian and Namibian mining industries:
- Recruitment: Recruitment policies are in line with the standard procedures within the South African, Namibian
Mining and Australian industries:
- Training: Managerial training initiatives have focused on the development of both technical and managerial skills
of senior and middle management. At the operational level training initiatives include mine managements
commitment to the Adult Basic Education and Training (“ABET”) initiatives, as well as accredited technical
operational and safety training;
- Productivity Initiatives: Mine management continually review and implement productivity initiatives which are in
line with the standard procedures within the mining industry and reflect the operational conditions and
remuneration policies within the individual labour markets; and
- Remuneration Policies: Remuneration policies are in line with the standard operating practices within the South
African and Namibian mining industries and levels generally comply with industry-wide salary scales. In addition
to basic components, employees receive additional entitlements, which are related to accommodation, medical,
and employee benefit plans in the form of pension/provident schemes.
In addition to the above and subsequent to the various re-engineering programmes undertaken since 1998, Exxaro
has, through a series of initiatives, developed various staff development and motivation programmes within a
streamlined organisational structure. These initiatives include:
- The retention and development of high quality personnel through comprehensive organisational planning;
- The enhancement of strategic leadership through leadership development programmes, seeking to enhance the
skills of individuals capable of achieving and maintaining competitive advantage;
- Improvement in the competency of operational staff by means of Mining Qualifications Authority accredited
learning initiatives; and
- Development of a performance-reward culture for management and specialist staff, where commensurate
compensation accompanies the achievement of measured results through an integrated performance system.
|
9.6
|
Organisational Structures and Operational Management
Exxaro has informed SRK that, come completion of the Transaction, Exxaro will in the short term continue with the
organisational structure as indicated in Figure 1.3. In effect this will include the Exxaro Board, supported by various
corporate services, the individual commodity business units and operational management at the various
Material Properties. The TEPs as presented in this report do not assume any fundamental change to this structure,
however SRK notes that it is likely that Exxaro will revisit this structure and associated costs in line with future
requirements of its operational portfolio.
| Table 9.1 Historical and Current Workforce Deployment for the Material Properties |
|
| Material Property(1) |
|
2001 |
|
2002 |
|
2003 |
|
2004 |
|
2005 |
|
| |
|
(No.) |
|
(No.) |
|
(No.) |
|
(No.) |
|
(No.) |
|
| Iron Ore |
|
|
|
|
|
|
|
|
|
|
|
| Sishen Mine |
|
3,025 |
|
3,047 |
|
3,061 |
|
2,996 |
|
3,034 |
|
| Thabazimbi Mine |
|
946 |
|
933 |
|
910 |
|
889 |
|
848 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Coal |
|
|
|
|
|
|
|
|
|
|
|
| Grootegeluk Mine |
|
2,151 |
|
2,134 |
|
1,935 |
|
1,925 |
|
1,860 |
|
| Leeuwpan Mine |
|
398 |
|
350 |
|
366 |
|
380 |
|
494 |
|
| Tshikondeni Mine |
|
818 |
|
769 |
|
764 |
|
776 |
|
767 |
|
| Arnot Colliery |
|
764 |
|
836 |
|
770 |
|
753 |
|
840 |
|
| Matla Colliery |
|
1,549 |
|
1,495 |
|
1,393 |
|
1,335 |
|
1,439 |
|
| New Clydesdale Colliery |
|
231 |
|
211 |
|
186 |
|
281 |
|
381 |
|
| North Block Complex |
|
86 |
|
86 |
|
86 |
|
157 |
|
163 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Heavy Minerals |
|
|
|
|
|
|
|
|
|
|
|
| Hillendale Mine |
|
22 |
|
47 |
|
128 |
|
117 |
|
217 |
|
| Tiwest JV |
|
|
|
|
|
970 |
|
978 |
|
963 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Base Metals |
|
|
|
|
|
|
|
|
|
|
|
| Rosh Pinah |
|
493 |
|
486 |
|
489 |
|
502 |
|
536 |
|
| Zincor |
|
793 |
|
808 |
|
794 |
|
761 |
|
760 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Industrial Minerals |
|
|
|
|
|
|
|
|
|
|
| Glen Douglas |
135 |
|
136 |
|
133 |
|
133 |
|
157 |
|
| Industrial Minerals Kumba FerroAlloys |
28 |
|
36 |
|
28 |
|
39 |
|
40 |
|
| Total |
|
11,439 |
|
11,374 |
|
12,013 |
|
12,022 |
|
12,499 |
|
| (1) Includes all employees and contractors and generally based on those included in the safety statistics. |
|
| Table 9.2 Exxaro: Historical LoM Productivity Statistic |
|
| Material Property(1) |
|
2001 |
|
2002 |
|
2003 |
|
2004 |
|
2005 |
|
| Iron Ore |
|
|
|
|
|
|
|
|
|
|
|
| Sishen Mine |
(TEC/Mt-treated) |
97.8 |
|
95.4 |
|
94.0 |
|
91.4 |
|
95.3 |
|
| Thabazimbi Mine |
(TEC/Mt-treated) |
347.8 |
|
338.0 |
|
297.4 |
|
287.7 |
|
277.1 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Coal |
|
|
|
|
|
|
|
|
|
|
|
| Grootegeluk Mine |
(TEC/Mt-treated) |
66.7 |
|
65.9 |
|
54.9 |
|
54.6 |
|
54.2 |
|
| Leeuwpan Mine |
(TEC/Mt-treated) |
147.4 |
|
127.7 |
|
129.8 |
|
134.3 |
|
156.8 |
|
| Tshikondeni Mine |
(TEC/Mt-treated) |
997.6 |
|
1,025.3 |
|
1,005.3 |
|
934.9 |
|
983.3 |
|
| Arnot Colliery |
(TEC/Mt-treated) |
161.2 |
|
163.6 |
|
125.2 |
|
125.1 |
|
168.8 |
|
| Matla Colliery |
(TEC/Mt-treated) |
125.9 |
|
116.8 |
|
89.3 |
|
85.6 |
|
115.1 |
|
| New Clydesdale Colliery |
(TEC/Mt-treated) |
192.5 |
|
162.3 |
|
77.5 |
|
104.1 |
|
254.0 |
|
| North Block Complex |
(TEC/Mt-treated) |
103.6 |
|
82.7 |
|
50.6 |
|
62.8 |
|
54.7 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Heavy Minerals |
|
|
|
|
|
|
|
|
|
|
|
| Hillendale Mine |
(TEC/Mt-treated) |
6.4 |
|
6.5 |
|
15.0 |
|
12.6 |
|
26.0 |
|
| Tiwest JV |
(TEC/Mt-treated) |
|
|
|
|
48.3 |
|
45.3 |
|
40.1 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Base Metals |
|
|
|
|
|
|
|
|
|
|
|
| Rosh Pinah |
(TEC/Mt-treated) |
821.7 |
|
725.4 |
|
666.2 |
|
717.1 |
|
751.8 |
|
| Zincor |
(TEC/Mt-treated) |
2,822.1 |
|
2,666.7 |
|
2,835.7 |
|
2,767.3 |
|
2,814.8 |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| Industrial Minerals |
|
|
|
|
|
|
|
|
|
|
|
| Glen Douglas |
(TEC/Mt-treated) |
99.5 |
|
95.8 |
|
92.4 |
|
59.5 |
|
108.2 |
|
| Industrial Minerals |
|
|
|
|
|
|
|
|
|
|
|
| Kumba FerroAlloys |
(TEC/Mt-treated) |
6,462.0 |
|
6,729.0 |
|
5,179.4 |
|
6,899.0 |
|
6,595.2 |
|
| (1) Includes all employees and contractors and generally based on those included in the safety statistics. |
|
|
9.7
|
Terminal Benefits
The total terminal benefits liability (“TBL”) for the Material Properties has been determined by consideration of the
TBL as at 1 January 2006 and the various employee requirements of the LoM profiles as included in the various
operating options. The amounts stated as TBL in Table 9.3 below do not however allow for increased length
of service over the various LoM Plans and assumes that the current unit TBL per employee is equally applicable
on closure. TBL(2) has been included in the FMs as presented in Section 14 of this CPR.
| Table 9.3 Material Properties Terminal Benefits Liabilities |
|
| |
|
Terminal Benefits |
|
Terminal Benefits |
|
| Operation |
Unit |
Liability(1) |
|
Liability(2) |
|
| |
|
(ZARm) |
|
(ZARm) |
|
| Iron Ore |
|
|
|
|
|
| Sishen Mine |
(ZARm) |
54 |
|
126 |
|
| Thabazimbi Mine |
(ZARm) |
14 |
|
36 |
|
| |
|
|
|
|
|
| Coal |
|
|
|
|
|
| Grootegeluk Mine |
(ZARm) |
28 |
|
229 |
|
| Leeuwpan Mine |
(ZARm) |
3 |
|
11 |
|
| Tshikondeni Mine |
(ZARm) |
9 |
|
19 |
|
| Arnot Colliery |
(ZARm) |
|
|
41 |
|
| Matla Colliery |
(ZARm) |
|
|
207 |
|
| New Clydesdale Colliery |
(ZARm) |
|
|
13 |
|
| North Block Complex |
(ZARm) |
|
|
2 |
|
| |
|
|
|
|
|
| Heavy Minerals |
|
|
|
|
|
| Ticor SA |
(ZARm) |
7 |
|
25 |
|
| Ticor Smelter |
(ZARm) |
3 |
|
70 |
|
| Tiwest JV |
(AUDm) |
26 |
|
100 |
|
| |
|
|
|
|
|
| Base Metals |
|
|
|
|
|
| Rosh Pinah |
(ZARm) |
7 |
|
13 |
|
| Zincor |
(ZARm) |
11 |
|
44 |
|
| Chifeng(3) |
(RMBm) |
|
|
2 |
|
| |
|
|
|
|
|
| Industrial Minerals |
|
|
|
|
|
| Glen Douglas |
(ZARm) |
2 |
|
14 |
|
| Kumba FerroAlloys |
(ZARm) |
1 |
|
6 |
|
| (1) |
TBL estimates as at 1 January 2006. |
| (2) |
TBL estimates assuming execution of current LoM Plans. |
| (3) |
Nominal amounts have been included as there is no requirement in Chinese Law governing terminal benefits. |
|