Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council (MIBCO)

Motor Industry Sick, Accident and Maternity Pay Fund Rules, 2019

2. Definitions
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In these Rules all words and expressions purporting the masculine gender shall include the feminine; and words signifying the singular number shall include the plural and vice versa; and the following expressions shall have the following meanings:

 

2.1 “ACCIDENT” means an unexpected, unpremeditated or unforeseen event which causes a bodily injury, subject to the exclusions listed in Annexure “A” to these rules.

 

2.2 “ACT” means the Labour Relations Act 66 of 1995.

 

2.3 “AGREEMENT” means the current Agreement (including any amendments thereto) in respect of the Motor Industry Sick, Accident and Maternity Pay Fund, entered into between the Motor Industry Staff Association and the Retail Motor Industry Organisation, both parties to the Motor Industry Bargaining Council — MIBCO.

 

2.4 “Child of the member” shall refer to a child of the member, including a legally adopted child. In the event that the member has multiple customary spouses, only the child/children born from the marriage between the member and his/her first spouse/main spouse.

 

2.5 “COUNCIL” means the Motor Industry Bargaining Council —MIBCO registered in terms of Section 29 of the Act.

 

2.6 “DEPENDANT OF A MEMBER” shall refer to the member’s spouse and to the child of the member.

 

2.7 “FEMALE MEMBER” means a female employee who is a member of the Trade Union, or a female voluntary member and who is employed by an employer who is a member of the Retail Motor Industry Organisation.

 

2.8 “FUND” means the Motor Industry Sick, Accident and Maternity Pay Fund.

 

2.9 “FUND YEAR” means a period of twelve consecutive months commencing 1 January.

 

2.10 “MAIN AGREEMENT” means the Agreement in which wages and other conditions of service are prescribed for employees in the Motor Industry.

 

2.11 “MEMBER” means any employee registered as a member with the fund in terms of Rule 4 of these Rules, and in respect of whom contributions are made to the Fund.

 

2.12 “MISA” means the Motor Industry Staff Association and shall have a corresponding meaning to “TRADE UNION”.

 

2.13 “MISA MEMBER” shall refer to a member of MISA who is a member of the Fund, and who is also an employee of an RMI employer.

 

2.14 “MOTOR INDUSTRY” means the Motor industry as defined in the Main Agreement and any expressions used in that definition which are defined in the said Main Agreement shall have the same meaning for purposes of these Rules.

 

2.15“MSSC” means Mibco Shared Services Centre

 

2.16 “NON-UNION MEMBER" means any employee employed at an establishment that is member of the Retail Motor Industry Organisation, and who is not a member of the Motor Industry Staff Association, and shall have a meaning corresponding with “voluntary member”.

 

2.17 “NORMAL DAILY REMUNERATION” means the amount which an employer regularly pays an employee in respect of his ordinary hours of work and does not include any remuneration which an employee who is employed on piecework or commission basis receives over and above the amount which he would have received if he had not been employed on such basis.

 

2.18means these Regions as defined in the Main Agreement.

 

“REGION EC”

(EASTERN CAPE)

“REGION KZN”

(KWAZULU NATAL)

“REGION FS/NC”

(FREE STATE/NORTHERN CAPE)

“REGION NORTHERN”

(NORTHERN)

“REGION HIGHVELD”

(HIGHVELD)

“REGION WC”

(WESTERN CAPE)

 

2.19 “REGIONAL COUNCIL” means a committee appointed as such by the Council in terms of its Constitution for any Region as defined in the Agreement.

 

2.20 “RMI EMPLOYEE BENEFIT FUND ACCOUNT” shall refer to the interest bearing bank account opened by MISA pursuant to the terms of the Agreement.

 

2.21 “RMI EMPLOYER” shall refer to an employer in the motor industry who is a member of the Retail Motor Industry.

 

2.22 “SPOUSE” shall refer to
(1) The member’s married spouse in terms of the South African Marriages Act or Civil Union Act;
(2) The member’s domestic partner, namely the partner with whom the member is in a permanent same sex or heterosexual relationship;
(3) In the event that the member is married according to customary/traditional law, the member’s spouse. In the event that the said member has multiple customary spouses, the spouse with whom the said member first entered into a customary marriage.

 

2.23 “VOLUNTARY MEMBERS” shall refer to the members as per Clause 5(2) of this Agreement and point 2.16 of the definitions of this Rules.

 

2.24 “WORKING DAY” means any day on which an employee works ordinary hours of work or a normal shift as prescribed in Division B or C of the Main Agreement, whichever is applicable.

 

2.25 “STILL-BIRTH” in relation to a child of a member, shall mean that it has had at least 26 weeks of intra-uterine existence but showed no sign of life after complete birth.