While the White Paper located the power to create educator posts at FET institutions and to appoint educators with the state at provincial level, the FET Bill located these powers in the Council of the FET institution. Consistency was achieved through the adoption by the Portfolio Committee of a substantial new clause in the FET Bill which confirmed the provisions of the White Paper. In essence, the new clause states that:

the 'educator establishment' of public FET institutions is determined in terms of section 5 of the Educators Employment Act, 1998, while the 'non-educator establishment' of public FET institutions is determined in terms of the Public Service Act, 1994 (Proclamation 103 of 1994).

a public FET institution may establish additional posts and employ additional staff, both educators and non educators, subject to the Labour Relations Act, 1995 and 'any other applicable law'. Functions, conditions of service, and privileges of additional staff are to be determined by the Council, subject to the applicable labour law. The salary of educators in additional posts are to be equivalent to those employed in terms of the Educators Employment Act. Disputes regarding salaries may be referred in writing to a bargaining council or the Commission for Conciliation, Mediation and Arbitration (CCMA).