Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Motor Industry Bargaining Council (MIBCO) Administrative Collective Agreement Extension to Non-Parties of the Administrative Collective Agreement Clause 3 - Definitions

 

Any expressions used in this Agreement that are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act, any reference to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall also include females; further, unless inconsistent with the context:

 

The headings do not govern or affect the interpretation of this Agreement;

 

means the Labour Relations Act 66 of 1995 as amended from time to time;

 

means a learnership in respect of a listed, and includes a trade-test in respect of the trade as defined in the Skills Development Act;

 

means the Magisterial District of East London, the municipal areas of Despatch, Port Elizabeth and Uitenhage;

 

means the Magisterial Districts of Aberdeen, Adelaide,

Albany, Albert, Alexandria, Aliwal North, Barkly East, Bathurst, Bedford, Calitsdorp, Cathcart, Colesberg, Cradock. Elliot, Fort Beaufort, George, Graaff-Reinet, Hankey, Hanover, Hofmeyr, Humansdorp, lndwe, Jansenville, Joubertina, King William's Town, Kirkwood, Knysna, Komga, Lady Grey, Maclear, Middelburg (C.P.), Moiteno, Mosselbay, Murraysburg, Noupoort, Oudtshoorn, Pearston, Port Elizabeth (excluding the municipal area of Port  Elizabeth), Queenstown, Somerset East, Sterkstroom, Steynsburg. Steytlerville, Stockenström, Stutterheim, Tarka Uitenhage (excluding the municipal area of Utenhage), Uniondale, Verterstad, Wiilowmore and Wodehouse;

 

means the Magisterial Districts of Chatsworth, Durban, Pietermaritzburg and Pinetown and the municipal areas of Ladysmith, Newcastle and Umhlanga Rocks;

 

means the districts and areas in the Province of Kwazulu Natal not referred to in Area A (KZNL), and the Magisterial District of Mount Currie;

 

means the Magisterial District of Bloemfontein and the municipal areas of Kimberley, Sasolburg and Welkom;

 

means the Province of the Free State, excluding those districts and areas referred to in Area A (FS & NC), and the Magisterial Districts of Barkly West, Britstown, De Aar, Gordonia, Hartswater, Hay, Herbert, Hopetown, Kenhardt, Kimberley, Kuruman, Mafikeng, Phillipstown, Postmasburg, Prieska, Upington, Vryburg and Warrenton [but excluding those municipal areas included in Area A (FS & NC);

 

means the Magisterial Districts of Oberholzer, Randfcntein and Westonaria, and the municipal areas of, Alberton, Bedfordview, Benoni, Boksburg, Brakpan, Edenvale, Elsburg, Germiston, Heidelberg (Gauteng), Johannesburg, Kempton Park, Klerksdorp, Krugersdorp, Meyerton, Midrand, Nigel, Potchefstroom, Randburg, Roodepoort-Maraisburg, Sandton, Springs, Vanderbijlpark and Vereeniging;

 

means the Magisterial Districts of Amersfoort, Amsterdam, Balfour, Bethel, Bloemhof. Breyten, Christiana, Coligny, Davel, Delareyville, Delmas, Ermelo, Fochville, Heidelberg, Lichtenburg, Nigel, Orkney, Ottosdal, Piet Retief, Pongola, Schweizer Reneke, Standerton, Stilfontein, Volksrust, Wolmaransstad, Wakkerstroom, and the municipal areas of Amalia, Armadene, Bank, Biesiesvlei, Bosfontein, Claudine, Chrissiesmeer, Dasville, De Dour, Devon, Ebner-on-Vaal, Eendracht, Eikenhof, Eloff, Evander, Evaton, Glenharvie, Gcllel, Grasmere, Greylingstad, Grootvlei, Hartebeesfontein, Hekpoort, Holmdene, Kinross. Klipdrift, Kiiprivier, Kiipvalley, Leeudoringstad, Leslie, Lothair, Magaliesberg, Makokskraal, Makwassi, Migdol, Mooiman, Moosrivier, Morgenzon, Muldersdrift, Paardekraal, Perdekop, Plat Rand, Redan, Residensia, Rykaartspos, Sannieshof, Sibasa, Sundra, Sebokeng, Trichardt, Val, Van Wyksrust, Venterspost, Vermaas. Welbekend, Welverdiend, Walkerville, Zuurbekom, but excluding those Districts and Areas referred to in Area A (Highveld);

 

means the municipal areas of Akasia, Middelburg (Mpumalanga), Nelspruit, Pietersburg, Potgietersrus, Pretoria, Rustenburg, Centurion and Witbank;

 

means the Magisterial Districts of Barberton, Belfast, Brits, Bronkhorstspruit, Carolina, Cullinan, Eerstehoek/Badplaas, Ellisras, Groblersdal, Koster, Letaba (includes Tzaneen), Lydenburg, Marico (includes Zeerust), Messina, Moutse, Phalaborwa, Pilgrims Rest (includes Graskop and Sabie), Sibasa, Soshanguve, Soutpansberg (includes Louis Trichardt), Swartruggens, Thabazimbi, Warmbaths, Waterval Boven, White River and Waterberg (includes Nylstroom), but excluding those Districts and Areas referred to in Area A (Northern Region) and the Areas as it existed prior to the proclamation of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).

 

means the Magisterial Districts of Bellville, Goodwood, Kuils River, Simon's Town, The Cape and Wynberg, and the municipal areas of Paarl, Somerset West, Stellenbosch and Strand;

 

means the Magisterial Districts of Beaufort West, Bredasdorp, Caledon, Calvinia, Carnarvon, Ceres, Clanwilliam, Fraserburg, Heidelberg (C.P.), Hermanus, Hopefield, Ladismith, Laingsburg. Malmesbury, Montagu, Moorreesburg, Namaqualand, Paarl, Piketberg, Prince Alfred, Riversdale, Robertson, Somerset West, Stellenbosch, Strand, Sutherland, Swellendam, Tulbagh, Vanrhynsdorp, Victoria West, Vredenburg, Vredendal, Wellington, Williston and Worcester, but excluding those municipal areas referred to in Area A (WP);

 

means an employee over the age of 22 who is able to prove not less than three years' experience in a trade designated for the Motor industry or, with the approval of the Regional Council concerned, experience in some other trade, and who under the supervision of a journeyman performs work in the designated trade in which he has had the experience or, with the approval of the Regional Council concerned, in some other trade related to the activities covered by the definition of 'Motor Industry' in this Agreement, or an employee who is able to prove to the satisfaction of the Regional Council concerned not less than three-and-a-half years' experience as a repair shop assistant, body shop assistant, motor cycle mechanic's assistant, auto electrician's assistant or diesel pump room assistant with any employer in the 'Motor Industry' as defined;

 

[Note: Regarding the proof required of three-and-a-half years' experience, a certificate of service shall be issued by the employer in which it is certified that the employee concerned had served either as a repair shop assistant, body shop assistant, motor cycle mechanic's assistant, auto electrician's assistant or diesel pump room assistant, which certificate in turn shall be verified by the Regional Council concerned, and the employee shall submit proof of having attended the proper course at a duly registered group training centre.];

 

means the Motor Industry Bargaining Council - MIBCO, registered in terms of section 29 of the Act;

 

means the constitution cf the Council;

 

means any workplace or any other place where an employer carries on business or keeps employment records in or on which the Industry, or any part thereof, as defined in this Agreement;

 

means the Board established by the Council in terms of section 32 of the Act, to consider and to determine the outcome of all appeals on exemptions submitted by parties and non-parties for exemption from the provisions of all the Councils published collective agreements and the withdrawal of such an exemption by the Council. Exemptions in this regard, will refer to, and include any or all exemptions from any provision cf the Main Agreement, this agreement and provident fund agreements, which the Council has the authority to grant.;

 

means a person who performs journeyman's work and who—

 

includes an apprentice as defined in the Skills Development Act;

 

means a learnership as described in chapter 4 (Learnerships) of the Skills Development Act and includes an apprenticeship;

 

means the agreement in which wages and other conditions of service are agreed for employees by the parties to the agreement in the Motor Industry, subject to extension of the agreement to non-parties by the Minister;

 

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—

 

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 establishments are engaged in the dismantling and repair of motor vehicles or not;

 

"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 under mentioned activities pertaining to motor vehicles in or on the premises of such establishment are carried out:

 

"motor vehicle"

means any wheeled conveyance propel ?ed 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 and shall not include any equipment designed to run on fixed tracks, on air crafts.

 

"Motor vehicle body building"

means any or all of the following activities carried on in a motor vehicle body building establishment, but shall not include motor vehicle body building done by assembly establishments incidentally to the assembling of motor vehicles:

 

For the purposes of this definition, 'vehicle' does not include an aircraft and 'Motor Industry' as defined above does not include the following:

 

 

 

 

Provided that for the purposes of paragraphs (a), (b) and (c) above, 'equipment' shall not be taken to mean motor cars, motor lorries and /or motor trucks;

 

 

 

means the Pension Funds Act 24 of 1956 as amended from time to time;

 

means those areas defined as 'Area A (EC)' and 'Other Areas (EC);

 

means the Province of Natal as it existed prior to the promulgation of the Constitution of the Republic of South Africa. 1993 (Act 200 of 1993) and the Magisterial District of Mount Currie;

 

means those areas defined as 'Area A (FS & NC) and 'Other Areas (FS & NC);

 

means those areas defined as 'Area A (Highveld) and "Other Areas (Highveld);

 

means those areas defined as Area A (Northern Region)' and 'Other Areas (Northern Region);

 

means those areas defined in 'Area A (WP)' and 'Other Areas (WP)':

 

means a committee appointed as such by the Council in terms of its Constitution;

 

means the Republic of South Africa as defined in the Republic of South Africa Constitution Act 108 of 1996 as amended;

 

means the Skill Development Act 97 of 1998 as amended;

 

means—