Notices > Bargaining Council for the Building Industry > Cape of Good Hope > Re-enactment and Amendment of Main Collective Agreement, 2016

(1)

The Holiday Fund is hereby continued and shall continue to be administered by the Council for the purpose of providing eligible employees with leave pay for the annual leave period in terms of clause 8(6). Moneys contributed to the Fund by employers shall be invested as provided for in terms of section 53(5) of the Act.

(2)	An employer shall contribute to the Holiday Fund and Bonus Fund on behalf of an eligible employee in respect of each normal working day that the employee remains in his employ ("a contribution day"), an amount which shall be calculated as follows:

For the period 1 November 2013 to 31 October 2014

Category of Employee		Holiday Fund Amount per day				Bonus Fund Amount per day
		Area A	Area B	Area C	Area D	Area A	Area B	Area C	Area D
		R	R	R	R	R	R	R	R
(i)	Labourer L1	9.86	9.36	8.59	8.01	8.21	7.80	7.15	6.68
(ii)	Labourer L2	11.69	11.09	10.18	9.50	9.74	9.24	8.48	7.92
(iii)	General Worker	15.25	14.47	13.28	11.11	12.71	12.06	11.06	9.26
(iv)	Learner T4, manufacturing worker, waterproofing worker and scaffolder	16.32	15.73	14.61	13.82	13.60	13.11	12.18	11.51
(v)	Learner T3 and clerical worker, joinery assembler	18.00	17.64	16.56	15.80	15.00	14.70	13.80	13.17
(vi)	Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer	24.53	23.55	21.86	20.63	20.44	19.62	18.22	17.19
(vii)	Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers	21.51	19.77	17.87	16.42	17.92	16.48	14.89	13.68
(viii)	Drivers/plant operators of all other vehicles that a code A, A1 or B licence	16.19	14.89	13.34	12.21	13.49	12.41	11.11	10.17
(ix)	Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)	32.86	31.53	29.18	27.50	27.38	26.27	24.32	22.92
(x)	Security Guard	17.27	15.81	14.15	12.92	14.40	13.18	11.79	10.77

For the period 1 November 2014 to 31 October 2015

Category of Employee		Holiday Fund Amount per day				Bonus Fund Amount per day
		Area A	Area B	Area C	Area D	Area A	Area B	Area C	Area D
		R	R	R	R	R	R	R	R
(i)	Labourer L1	10.62	10.40	9.74	9.25	8.85	8.67	8.11	7.71
(ii)	Labourer L2	12.59	12.33	11.54	10.96	10.49	10.28	9.61	9.13
(iii)	General Worker	16.40	16.05	15.00	13.19	13.67	13.37	12.50	10.99
(iv)	Learner T4, manufacturing worker, waterproofing worker and scaffolder	17.54	17.30	16.37	15.71	14.62	14.41	13.65	13.09
(v)	Learner T3 and clerical worker, joinery assembler	19.35	19.23	18.41	17.80	16.12	16.02	15.34	14.83
(vi)	Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer	26.37	25.95	24.54	23.50	21.98	21.62	20.45	19.59
(vii)	Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers	23.12	22.31	20.47	19.21	19.27	18.59	17.06	16.01
(viii)	Drivers/plant operators of all other vehicles that a code A, A1 or B licence	17.40	16.80	15.32	14.34	14.50	14.00	12.76	11.95
(ix)	Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)	35.32	34.75	32.78	31.37	29.44	28.96	27.32	26.14
(x)	Security Guard	18.57	17.89	16.28	15.21	15.47	14.91	13.57	12.68

For the period 1 November 2015 to 31 October 2016

Category of Employee		Holiday Fund Amount per day				Bonus Fund Amount per day
		Area A	Area B	Area C	Area D	Area A	Area B	Area C	Area D
		R	R	R	R	R	R	R	R
(i)	Labourer L1	11.45	11.45	10.89	10.48	9.54	9.54	9.07	8.74
(ii)	Labourer L2	13.57	13.57	12.90	12.42	11.31	11.31	10.75	10.35
(iii)	General Worker	17.63	17.63	16.72	15.26	14.69	14.69	13.94	12.72
(iv)	Learner T4, manufacturing worker, waterproofing worker and scaffolder	18.86	18.86	18.14	17.60	15.71	15.71	15.12	14.67
(v)	Learner T3 and clerical worker, joinery assembler	20.80	20.82	20.27	19.80	17.33	17.33	16.89	16.50
(vi)	Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer	28.35	28.35	27.21	26.38	23.63	23.63	22.68	21.98
(vii)	Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers	24.85	24.85	23.07	22.01	20.71	20.71	19.23	18.34
(viii)	Drivers/plant operators of all other vehicles that a code A, A1 or B licence	18.71	18.71	17.30	16.46	15.59	15.59	14.41	13.72
(ix)	Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)	37.97	37.97	36.38	35.24	31.65	31.65	30.31	29.36
(x)	Security Guard	19.96	19.96	18.41	17.50	16.64	16.64	15.34	14.59

(3)	Every employer shall pay the contribution to the Council within the period determined by the Council for such purposes.

(4)	The Council shall determine a date before the commencement of the annual leave period in terms of clause 8(6) upon which eligible employees shall receive payment of the amount standing to their credit in the Holiday Fund: Provided that no payment shall be made from the Holiday Fund—

(a)	in respect of benefits contributed by an employer after 31 October each year, which benefits shall be deemed to have been issued during the following year;

(b)	in respect of more than 245 daily benefits in any single year ending on 31 October of that year;

(c)	if an employee fails to claim the value of the benefits within six months of the commencement of the annual leave period, unless the Council in its discretion decides otherwise, in which event the value of the benefits shall accrue to the general funds of the Council;

(d)	in respect of deductions made in respect of an employee"s Holiday Fund entitlement in terms of clause 8(8)(c);

(e) subject to the provisions of sub clause (5), prior to the date determined by the Council in terms of this clause.

(5)

In the event of an eligible employee"s death, all amounts to his credit in the Holiday Fund shall be paid to his duly appointed nominee, if any. Should no nominee survive the employee, or should a surviving nominee fail to claim payment within 12 months of the date of the employee"s death, the amount to his credit shall be paid into his estate.

(6)	Subject to the provisions of sub clause (5), the amount standing to an employee"s credit in the Holiday Fund shall not be transferable, and any employee who attempts to assign, transfer cede, pledge or lend any benefits contribution shall forfeit the value to the general funds of the Council.

(7)	Notwithstanding the expiry or cancellation of this Agreement, the Council shall continue to administer the Holiday Fund until such time as ii is liquidated or transferred to any other fund created for the purpose of providing annual leave pay to employees.

(8)

In the event of the Council being wound up or dissolved, the Holiday Fund shall continue to be administered by a committee appointed for such purpose by the parties before the winding up or dissolution of the Council, which committee shall consist of an equal number of employer and employee representatives. In the event of such committee being unable to carry out its duties for any reason, the parties shall appoint a trustee or trustees to carry out the duties of the committee and such trustees shall have the same powers as the committee for this purpose.

(9)	In the event of there being no Council in existence at the time of expiry of this Agreement, the Holiday Fund shall be liquidated by the committee or trustee appointed in terms of sub clause (8).

(10)

In the event of the liquidation of the Holiday Fund in terms of subclasses (7) or (8) the moneys remaining after the payment of all claims against the Holiday Fund, including administration and liquidation expenses, shall be paid into the general funds of the Council. In the event of the Council having been wound up before the liquidation of the Holiday Fund the monies remaining shall be distributed equally among the parties to the Council immediately prior to its dissolution.

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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Re-enactment and Amendment of Main Collective Agreement

13. Holiday Fund