Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Main Collective AgreementDivision A : Provisions Applicable to all Establishments in the IndustryClause 2 : Scope of Application and Definitions2.2 DefinitionsDefinitions (M) |
"machine-setter"
(grade 6 employee) (Chapters II, III & V) means an employee who adjusts and/or sets machine tools and presses, and who in addition sharpen and form grind tools;
"manufacturing establishment"
means an establishment or clearly defined part of an establishment in which motor vehicle parts and/or spares and/or accessories and/or components are fabricated;
"marking off"
means the operation of marking any material from a pattern or template;
"motor cycle mechanic"s assistant"
(grade 5 employee) (Chapter I) means an employee who in any establishment where at least one journeyman of the type normally employed in this kind of workshop is actively engaged, under the supervision of such journeyman, mainly or exclusively—
| (a) | removes parts or units from motor cycles and scooters with two or more wheels; |
| (b) | replaces without making final electrical connections: |
Bulbs;
cables, other than electrical cables, and without final adjustment;
commercial-type carriers, boxes and bodies;
control levers, without final adjustment;
crash bars;
cylinder heads, two-cycle engines only;
drive chains and sprockets, without final adjustment;
engine assemblies;
engine guard plates;
exhaust systems;
external covers -detachable;
footrests, front and rear;
fenders, front and rear, including mounting stays;
fuel tanks and pipes thereto;
front shock absorbers - detachable;
head lamp internal shells;
hooters;
lamps;
licence holders;
oil coolers and pipes thereto;
oil filters and strainers and the cleaning thereof;
oil tanks and pipes thereto;
rear shock absorbers;
stands;
sump nuts and bolts;
switch assemblies;
(c) replaces —
front fork assemblies;
frames;
commercial-type side-car assemblies;
| (d) | applies protective coatings to engines and exhaust systems; |
| (e) | sets clocks to correct time; |
| (f) | balances wheels with any machine to balance wheels off the vehicle; |
| (g) | checks and reports on the operation of all electrical consumer points, direction indicators, locks and keys, windscreen wipers and washers; |
| (h) | assembles and/or strips units, other than engines, electrical fittings, telescopic forks, hydraulic shock absorbers and controls: |
Provided that the performance of any of the operations enumerated in this definition shall not be construed as permitting the performance of any journeyman"s work incidental to such operations or the use of a torque wrench;
[Note - The number of motor cycle mechanic"s assistants that may be employed in any one establishment is governed by the ratio provisions of clause 3 of Chapter I, Division C];
means an establishment wherein motor vehicles are broken up and used spare parts obtained there from and wherein, whereon and wherefrom such used spare parts are sold either alone or in conjunction with new spare parts and/or accessories;
"Motor Industry" or "Industry",
without in any way limiting the ordinary meaning of the expression and subject to the provisions of any demarcation determination made in terms of section 62 of the Labour Relations Act, 1995, includes –
| (a) | assembling, erecting, testing, remanufacturing, repairing, installing, adjusting, overhauling, wiring, re-wiring, upholstering, spraying, painting and/or reconditioning carried on in connection with— |
| (i) | chassis and/or bodies of motor vehicles; |
| (ii) | internal combustion engines and transmission components of motor vehicles; |
| (iii) | all electrical and electronic equipment and/or devices mainly or exclusively connected with motor vehicles; |
| (b) | automotive engineering; |
| (c) | auto valet establishments; |
| (d) | repairing, vulcanising and/or retreading tyres; |
| (e) | repairing, servicing and/or reconditioning batteries for motor vehicles; |
| (f) | the business of parking and/or storing motor vehicles; |
| (g) | the business conducted by filling and/or service stations including ancillary activities forming part of a filling station linked to the convenience store environment inclusive of the preparing, serving and selling of food/beverages to customers but excluding activities of separately registered establishments whose sole activities relates to the restaurant, tea room and catering environment; |
| (h) | the business carried on mainly or exclusively for the sale of motor vehicles or motor vehicle parts and/or spares and/or accessories (whether new or used) pertaining thereto, whether or not such sale is conducted from premises which are attached to a portion of an establishment wherein is conducted the assembly of or repairs to motor vehicles; |
| (i) | the business of motor graveyards; |
| (j) | the business of manufacturing establishments wherein are fabricated motor vehicle parts and/or spares and/or accessories and/or components thereof; |
| (k) | vehicle body building; |
| (l) | the sale of tractors, agricultural and irrigation equipment (not connected with the manufacture thereof) in the Republic of South Africa, but excluding the Magisterial District of Kimberley, in respect of the sale of: |
| (i) | agricultural and irrigation equipment; and |
| (ii) | tractors, except when undertaken by establishments substantially engaged in the sale and/or repair of other motor vehicles. |
For the purposes of this definition—
"automotive engineering"
means the reconditioning of internal combustion engines or parts thereof for use in motor vehicles in establishments mainly or exclusively so engaged, whether such establishment is engaged in the dismantling and repair of motor vehicles or not; and
"Auto valet establishment"
means an establishment associated with filling and/or service stations forming part of the same enterprise within the Motor Industry wherein the undermentioned activities pertaining to motor vehicles in or on the premises of such establishment are carried out:
| (a) | Steam cleaning of chassis/or engines; |
| (b) | Washing and/or polishing of the exterior/body; |
| (c) | Vacuuming and/or cleaning of upholstery and/or interior; |
| (d) | Painting and/or polishing of tyres; and |
| (e) | Driving and/or parking of vehicles on premises of a valet establishment. |
"motor vehicle"
means any wheeled conveyance propelled by mechanical power (other than steam) or electrically and designed for haulage and/or for the transportation of persons and/or goods and/or loads and includes trailers and caravans but does not include any equipment designed to run on fixed tracks, trailers designed to transport loads of 27 273 kg or over, or aircraft; and
"vehicle body building"
means any or all of the following activities carried on in a vehicle body building establishment, but does not include vehicle body building done by assembly establishments incidental to the assembling of motor vehicles:
| (a) | The construction, repair or renovation of cabs and/or bodies and/or any superstructure for any type of vehicle; |
| (b) | the manufacture or repair of component parts for cabs and/or bodies and/or any superstructure and the assembling, adjusting and installation of parts in cabs, bodies or on the superstructure of vehicles; |
| (c) | fixing cabs and/or bodies and/or any superstructure to the chassis of any type of vehicle; |
| (d) | coating and/or decorating cabs and/or bodies and/or any superstructure with any preservative or decorative substance; |
| (e) | equipping, furnishing and finishing off the interior of cabs and/or bodies and/or superstructure; |
| (f) | building of trailers, but not including the manufacture of wheels or axles therefor; |
| (g) | all operations incidental to or consequent upon the activities referred to in paragraphs (a), (b), (c), (d), (e) and (f). |
For the purposes of this definition, ‘vehicle’ does not include an aircraft and ‘Motor Industry’ as defined above does not include the following:
| (a) | The manufacture of motor vehicle parts and/or accessories and/or spares and/or components in establishments laid out for and normally producing metal and/or plastic goods of a different character on a substantial scale, or the sale of motor spare parts and accessories by assembly establishments from such establishments; |
| (b) | the assembling, erecting, testing, repairing, adjusting, overhauling, wiring, spraying, painting and/or reconditioning of agricultural tractors, except where carried on in establishments rendering similar service in respect of motor cars, motor lorries or motor trucks; |
| (c) | the manufacturing and/or maintenance and/or repair of— |
| (i) | civil and mechanical engineering equipment, and/or parts thereof, whether or not mounted on wheels; |
| (ii) | agricultural equipment or parts thereof; or |
| (iii) | equipment designed for use in factories and/or workshops: |
Provided that for the purposes of (i), (ii) and (iii), ‘equipment’ shall not be taken to mean motor cars, motor lorries and/or motor trucks;
| (iv) | motor vehicle or other vehicle bodies and/or superstructures and/or parts or components thereof made of steel plate of 3,175 mm thickness or thicker when carried on in establishments laid out for and normally engaged in the manufacture and/or maintenance and/or repair of civil and/or mechanical engineering equipment on a substantial scale; |
| (d) | assembly establishments which shall mean establishments wherein motor vehicles are assembled from new components on an assembly line and includes the manufacture and/or fabricating of any motor vehicle parts or includes the manufacture and/or fabricating of any motor vehicle parts or components when carried on in such establishments, but shall not include vehicle body building, except in so far as it is carried on incidental to the assembly of motor vehicles, other than caravans and trailers. |
(Division B) means an employee mainly or exclusively engaged in the selling of motor vehicles who, in addition to a wage as defined in this Agreement, is paid a commission on such sales;