Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart A : Application1. Scope of application |
| (1) | The determination applies to the employment of forestry workers in all forestry activities in the Republic of South Africa. |
| (2) | For the purpose of this determination Forestry Sector refers to forestry operations related to planting, growing, tending and harvesting of trees. Without limiting its meaning, ‘forestry activities’ includes: |
| (a) | commercial timber growers; |
| (b) | emergent timber growers; |
| (c) | contractors where the majority of time is spent in relation to forestry contracting activities; |
| (d) | all transportation within the sector not covered by the Road Freight Bargaining Council; |
| (e) | a domestic worker employed in a home on a plantation where forestry activities take place; |
| (f) | a security guard employed to guard a plantation or other premises where forestry activities are conducted, who is not employed in the private security sector. |
| (3) | The determination does not apply to: |
| (a) | mixed farming employers where majority of the time is spent in relation to farming activities; |
| (b) | community forestry employers and employees; |
| (c) | employers where the majority of the time is spent in relation to conservation forestry activities; |
| (d) | any person employed or engaged in forestry activities covered by another sectoral determination or by a bargaining council agreement in terms of the Labour Relations Act, 1995 and includes but is not limited to: |
| (i) | transportation covered by the Road Freight Bargaining Council; |
| (ii) | the forest products sector, which includes all primary and secondary timber processing activities including the pulp and paper sector and whose operations are currently covered by bargaining council agreements. |