COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTER-PUBLIC UNIVERSITIES COUNCILS CONSULTATIVE FORUM (IPUCCF) OF THE FEDERATION OF KENYA EMPLOYERS (FKE) AND THE UNIVERSITIES’ ACADEMIC STAFF UNION (UASU)

23rd November, 2024

REPUBLIC OF KENYA

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

INTER-PUBLIC UNIVERSITIES’ COUNCILS CONSULTATIVE FORUM (IPUCCF) OF THE

FEDERATION OF KENYA EMPLOYERS (FKE) AND THE UNIVERSITIES’ ACADEMIC STAFF

UNION (UASU)

THIS COLLECTIVE BARGAINING AGREEMENT (CBA) is made between the INTER-PUBLIC UNIVERSITIES’ COUNCILS CONSULTATIVE FORUM (IPUCCF) OF THE FEDERATION OF KENYA EMPLOYERS (FKE) hereinafter referred to as “the Employer” of the one part and the UNIVERSITIES’ ACADEMIC STAFF UNION (UASU) duly registered as a Trade Union under the Labour Relations Act, 2007, Laws of Kenya, hereinafter referred to as “the Union” of the other part.

PREAMBLE

WHEREAS by the terms of the Recognition Agreement (RA) dated 28th October, 2019 between the Employer and the Union, the Employer having recognized the Union as properly constituted as the sole labour organization capable of representing the interest of Unionisable Academic Staff viz. Graduate Assistant/Research Assistant; Assistant Lecturer/Tutorial Fellow/Junior Research Fellow; Lecturer/Research Fellow; Senior Lecturer/Senior Research Fellow; Associate Professor and Professor in all Public Universities and their Constituent Colleges on matters of Salaries, House Allowance and other terms and conditions of service;

WHEREAS the representatives of IPUCCF and UASU were appointed to the Inter- Ministerial Committee vide a letter dated 30th September, 2024 under Reference Number MOE/SDHER/6/39, inter alia, to coordinate negotiations between UASU, KUSU and KUDHEIHA Workers, and the Government with the goal of ensuring the timely conclusion, signing and implementation of the 2021-2025 CBAs;

NOW, THEREFORE, it is hereby agreed as follows:

INTERPRETATION

The interpretation of this Agreement or any part thereof shall be vested in the Joint Negotiating Committee of the Forum/Employer and the Union, subject to the right of adjudication by the Employment and Labour Relations Court (ELRC).

BASIC SALARY AND SALARY SCALES

The cost of implementation of the Basic Salaries for the 2021 -2025 Collective Bargaining Agreement with the Employer pension component is KES 9.76 Billion using the attached schedules in “Annexure I”, read with the implementation notes hereof, that were simulated in Machakos University by the Joint Technical Committee of IPUCCF, UASU, KUSU and KUDHEIHA Workers and dated 3rd October, 2024 and thereafter adopted on 4th October, 2024 by the Joint Negotiating Committee of IPUCCF, UASU, KUSU and KUDHEIHA Workers for submission to the Inter-Ministerial Committee. The implementation of the basic salaries for the said CBA of KES 9.76 Billion shall be done in three (3) tranches. The first tranche of KES 4.3 Billion for implementation of the first phase of the 2021-2025 CBAs covering nine (9) months being October, 2024 to June, 2025 which shall be released in the Financial Year 2024/2025. Arrears shall be paid in two (2) tranches for the Financial Year 2025/2026 - KES 2.73 Billion and Financial Year 2026/2027 - KES 2.73 Billion each.

HOUSE ALLOWANCE

The house allowance, in Kenya shillings, shall be paid to the members of UASU as provided in the Annexure II.

THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT

1.Harmonization of other allowances shall be negotiated in the next CBA cycle of 2025-2029 which shall commence on or before 31st January, 2025 and the effective date for the CBA being from 1st July, 2025.

Transition clauses:

i.Councils of Public Universities and their Constituent Colleges that have not completed the CBA negotiations for the cycles of 2013-2017, 2017-2021 and 2021-2025, shall initiate negotiations with their respective Union Chapters, where circumstances permit.

ii.IPUCCF and UASU shall negotiate, at National Level, all terms and conditions of service for UASU unionizable employees in one single CBA in the 2025-2029 cycle beginning in the Financial Year 2025/2026 in accordance with the Recognition Agreement signed on 28th October, 2019.

2.Retirement age for all academic members of staff shall be harmonized and set as follows:

i.70 years for Graduate Assistant, Tutorial Fellow and Assistant Lecturer; and

ii.74 years for Lecturer, Senior Lecturer, Associate Professor and Professor.

Transitional clauses:

i.All new academic staff hires shall be subject to the new retirement age from the date of their appointment.

ii.For academic staff with existing contracts and in-post academic staff with a retirement age that is higher than 74 years for Assistant Lecturers Lecturers, Senior Lecturers, Associate Professors and Professors, the current terms shall be maintained until the end of their contractual period.

3.A Member of UASU who has completed a minimum of three (3) consecutive years of service at the University, either from their initial date of appointment or from their most recent promotion date, shall be eligible for review and promotion in accordance to the promotion criteria and the Human Resource policies and procedures. Universities shall budget for promotions to appear in the Education Sector Budget, annually.

4.IPUCCF agrees to work with UASU on the cost and modalities of implementing the car loans and mortgage scheme financing for staff in Public Universities and their Constituent Colleges. The cost agreed upon shall be factored in the Education Sector Budget in the Financial Year 2026/2027.

6.IPUCCF, in consultation with SRC shall involve UASU in all stages of job evaluations.

7.There shall be a National Implementation Committee comprising:

i.Co-Chairpersons of the Joint Negotiating Committee;

ii.Four (4) members nominated by IPUCCF;

iii.The National Secretary General; and

iv.Three (3) members nominated by UASU.

The National Implementation Committee shall inter alia monitor and evaluate the implementation and review of this Agreement.

8.There shall be a Joint Implementation Committee in every University/University College to oversee the implementation process of the National Implementation Committee. Consequently, every University/University College shall designate four (4) officials and the respective UASU Chapter shall appoint four (4) officials to oversee the implementation process. The Vice-Chancellor/Principal shall designate an officer at the level of Deputy Vice-Chancellor/Deputy Principal to be the team leader and/or manager of the implementation process in the respective University/University College.

9.Upon written request the Universities shall grant leave of absence to Union officials elected to serve in the National Office of UASU for the duration of their term of office.

10.The subscription and agency fee shall be applied in accordance with the prevailing legal provisions, specifically, for union dues, respective Public Universities shall deduct 2% of the basic salary from each Union member and deposit it into the designated Union account, in accordance to the Labour Relations Act, 2007, and related amendments, if any.

a.This Agreement shall cover the period from 1stJuly, 2021 (now past) up-to 30th June, 2025 and shall be effective from the date of signing this Agreement. Thereafter, this Agreement shall continue to be in force until mutually amended or when the Parties herein shall negotiate and bring into force another agreement.

b.Any party seeking to amend this Agreement shall provide the other party with a written notice at least one (1) month in advance, detailing the proposed amendment(s). The receiving party shall respond within thirty (30) days of receiving the notice.

Implementation Notes

1.The CBA applies to the 2021 -2025 cycle;

it The salary adjustments under the said CBA shall take effect starting 1st July, 2023 (now past);

iii.The basic salary payment to eligible members of staff in Grades 10A-15A shall be effected in the month of December, 2024 together with the arrears of October, 2024 and November, 2024;

iv.The Employers’ pension contribution payment for all the three (3) Unions viz. UASU, KUSU and KUDHEIHA Workers shall be computed from the KES 9.76 Billion disbursed for the implementation 2021 -2025 CBA; /

v payments due for the period of 1st July, 2023 up-to and until 30th September, 2024 prior to the implementation date of 1st October, 2024 shall be treated as arrears;

vi.The said arrears of July, 2023 to September, 2024 shall be factored into the Financial Year 2025/2026 and Financial Year 2026/2027 National Budget in two (2) equal installments of KES 2.73 Billion each; and

vii.For avoidance of doubt, the said arrears are a total sum of KES 5.46 Billion for all the three (3) Unions viz. UASU, KUSU and KUDHEIHA Workers. 

“Annexure II” HOUSE ALLOWANCE

CBA of IPUCCF and UASU