Labour Relations Act, 1995 (Act No. 66 of 1995) Notices National Textile Bargaining Council Collective Agreement Part 1 Annexures Annexure A: Definitions

 

In this Agreement, unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—

 

"The Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995) [as amended];

 

"adoption order"

means an adoption order as envisaged in the Children's Act, 2005 (Act No. 38 of 2005) [as amended];

 

"adoptive parent"

has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005) [as amended];

 

"Agreement"

includes a Collective Agreement;

 

"bargaining council"

means the National Textile Bargaining Council as described in its constitution;

 

"bargaining unit"

means all employees whose wages and conditions of employment are prescribed in the Agreement;

 

"CCMA"

means the Commission for Conciliation, Mediation and Arbitration, established in terms of section 112 of the Labour Relations Act [as amended];

 

"chairperson"

means the Chairperson of the Council who, by virtue of that office, is also the Chairperson of the Executive Committee;

 

"Code of Good Practice"

means the various Codes of Good Practices issued by the Minister from time to time, in terms of the Labour Relations Act [as amended].

 

"council"

means the Council of the Bargaining Council established in terms of clause 7 of the National Textile Bargaining Council constitution;

 

"day" or "days"

means a period of 24 hours measured from he time when the employee normally commences work and "daily" has a corresponding meaning except, for all time periods referred to in the NTBC Constitution "day" or "days" shall mean a calendar day and the first day is excluded and the last day is included and the Iast day of any period must be excluded if it falls on a Saturday, Sunday, public holiday or on a day during the period between 16 December to 7 January.

 

"deputy chairperson"

means the Deputy Chairperson & the Council who, by virtue of that office, is also the Deputy Chairperson of the Executive Committee;

 

"employee representative"

means any representative, including but not limited to a shop steward, appointed in that capacity by a trade union which is party to the Council;

 

"employer representative"

means any representative appointed in that capacity by an employers' organisation which is party to the Council;

 

"employment law"

includes the Labour Relations Act [as amended], The Basic Conditions of Employment Act of 1997 [as amended]; and any other Act , the administration of which has been assigned to the Minister, and any of the following Acts [as amended]:

 

"executive committee"

means the Executive Committee established in terms of clause 11 of the National Textile Bargaining Council Constitution;

 

"grade"

means a job grade as determined by the relevant structures of the Bargaining Council from time to time;

 

"Industry"

means the Textile Industry, as defined in the National Textile Bargaining Council's scope of registration;

 

"medical practitioner"

means a person entitled to practice as a medical practitioner in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974) [as amended], or any other person, including a traditional healer, who is certified to diagnose and treat patients and who is registered with the Professional Council established by an Act of Parliament;

 

"minimum wage"

means the minimum rate of pay prescribed in the relevant Annexures in Part 2 of this Agreement;

 

"National Minimum Wage"

means the minimum rate of pay prescribed in the National Minimum Wage Act 27 of 2018 and the schedules thereto, as amended.

 

"NTBC Constitution"

means the certified constitution of the National Textile Bargaining Council, as amended from time to time;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 13 of this Agreement.

 

"overtime"

means the time that an employee works during a day, or a week, in excess of ordinary hours of work;

 

"prospective adoptive parent"

means a person who complies with the requirements set out in section 231(2) of the Children's Act, 2005 (Act No. 38 of 2005) [as amended];

 

"remuneration"

means any payment in money or in kind or both in money or in kind, made or owing to any person in return for that person working for any other person, and "remunerate" has a corresponding meaning.

 

"secretary"

means the Secretary of the Council;

 

"shift"

means any one continuous period of work, whether it be a day, an afternoon or a night shift;

 

"subsector" or "section"

means the subsectors or sections as set out in Schedule 2 of the National Textile Bargaining Council Constitution;

 

"temporary employee"

means an employee who is employed in a temporary capacity for a fixed period on contract;

 

"this Agreement"

means Part 1 and Part 2 of this document;