Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Furniture Manufacturing Industry Western Cape Extension to Non-parties of the Main Collective Agreement Part l A - Administrative issues Clause 3 - Definitions

 

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act, any references to an Act shall include any amendments to such Act and, unless the contrary intention appears, words importing the masculine gender shall also include the feminine and vice versa.

 

Unless inconsistent with the context, the following definitions shall apply to all Parts of this Agreement, and—

 

"Act"

means the Labour Relations Act, No. 66 of 1995, as amended;

 

"Bonus"

means—

 

"Casual Employee"

means an Employee who is employed by the same Employer for not more than 24 hours in any one month;

 

"Council"

means the Bargaining Council for the Furniture Manufacturing Industry of the Western Cape, registered in terms of section 29 of the Labour Relations Act, 1995;

 

"Employee"

for the purpose of this agreement a person who works for, or renders services to any other person, is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present:

If one or more of these factors are present, the person is presumed to be an Employee until the contrary is proved.

 

"Employer"

means a person who employs Employees in the Furniture, Bedding, Upholstery and Curtain Manufacturing Industry, including a Labour Broker who supplies Employees to the Furniture, Bedding, Upholstery and Curtain Manufacturing Industry;

 

"Employment"

means the total length of all periods of an Employee's service in the Furniture, Bedding, Upholstery and Curtain Manufacturing Industry, but excluding a period of broken service in excess of 12 consecutive months;

 

"Establishment"

means any place in which the Furniture, Bedding, Upholstery and Curtain Manufacturing is carried on;

 

"Holiday Bonus"

means a work attendance bonus payable by the establishment for its employees, which is determined by the level of work attendance of the individual employee;

 

"Holiday Bonus Fund"

means the Fund established by the Council for the purposes of receiving holiday bonus monies from establishments for their employees, for holding these holiday bonus monies in reserve and to pay these holiday bonus monies to the employees when due;

 

"Hourly rate"

means the rate determined in accordance with the provisions of clause 26 of this Agreement;

 

"Labour Broker"

means any person who, for reward, procures for or provides to a client other persons—

 

"Learner"

means an Employee serving under a written contract of learnership registered or deemed to be registered under the provisions of the Skills Development Act 97, of 1998;

 

"Leave Pay Fund"

means the Fund established by the Council for the purposes of receiving leave pay monies from establishments for their employees, for holding these monies in reserve and to pay these leave pay monies to the employees when due;

 

"New Industry Entrant Employee"

means an employee who has never previously worked in the furniture, bedding, upholstery and curtain manufacturing industry;

 

"Night work"

means work performed after 18H00 and before 06H00 the next day;

 

"Normal retirement age"

means the month the employee attains the age of 60 years;

 

"Normal time"

means the standard minimum hours that an Employee is required to work on which the Employee's basic weekly wage rate is paid;

 

"Ordinary hours"

means the hours between the specified starting and finishing time of work for each day of the week excluding the meal interval;

 

"Piece-work"

means any system according to which payment is based on quantity or output of work done;

 

"Redundancy"

means that a position becomes permanently superfluous as a result of re-organisation or technological change, and that, consequently, there is no foreseeable possibility of Employees who lose their employment through redundancy being re-employed in their previous positions;

 

"Registrar"

means the Registrar of Labour Relations appointed in terms of section 108 of the Labour Relations Act, No. 66 of 1995;

 

"Remuneration"

means any payment in money made or owing to any person which arises in any matter whatsoever out of employment;

 

"Retrenchment"

means the loss of employment as a result of a downturn in the economic affairs of an establishment or as an operational requirement;

 

"Shop steward"

means a member of a Trade Union who is elected to represent the Employees in a workplace;

 

"Senior Shop Steward"

means that shop steward, elected by the Union members from the three or more shop stewards in a plant or establishment, which qualifies for more than two shop stewards, in terms of clause 36 of the Main Collective Agreement and shall be recognised as exercising authority over other shop stewards in such plant or establishment;

 

"Short time"

means a reduction in the number of ordinary working hours in an establishment owing to slackness of trade, shortage of raw materials or a general breakdown of plant or machinery caused by accident or other unforeseen emergency;

 

"Temporary employment services"

means any person who, for reward, procures for or provides to a client other persons—

 

"Wage"

means that portion of the remuneration payable in money to an Employee in respect of his ordinary hours of work;