Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryExtension to Non-Parties of the Main Collective AgreementChapter 14. Definitions |
Any expression used under this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act and 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 the feminine gender and vice versa; further, unless inconsistent with the context—
means the Labour Relations Act, 1995 (Act 66 of 1995)(as amended);
means an adoption order as envisaged in the Children's Act, 2005 (Act No. 38 of 2005);
has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005);
means an employee who assists the despatch clerk, and who is under his direct supervision;
means an employee who assists the storeman, and who is under his direct supervision;
means an auditor registered under the Public Accountant's and Auditor's Act, 1991 (Act 80 of 1991);
means an employee who is resident on the factory premises and who is responsible for any one or more of the following duties:
| (a) | care of contents on the premises; |
| (b) | care and cleaning of the premises; |
| (c) | supervision of cleaning staff; |
means an employee who is employed as a driver of a motor vehicle by the same employer for not more than 3 days in any one month, to be remunerated daily for 9 hours at no less than the applicable minimum hourly rate for drivers, plus full leave pay monies and maximum holiday bonus monies;
means an employee who is employed by the same employer for not more than 3 days in any one month, to be remunerated at the applicable hourly rate for the occupation skills level of work performed plus full leave pay monies and maximum holiday bonus monies;
means an employee who customarily and regularly directs, subject to the instructions of management, the work of general workers while he may also be engaged in the production of furniture and/or upholstery and/or bedding in the capacity of a general worker;
means any current agreement for the Furniture, Bedding and Upholstery Manufacturing Industry in which wages are prescribed, or in the absence of such an agreement, the last wage agreement published for the Industry in terms of the Act;
has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005);
for an employee in the Industry is the age of 65 years;
means the amount of money payable to the funds of the Council as determined from time to time;
means the Furniture Bargaining Council registered in terms of the Act;
in relation to a member and for the purposes of the—
| (a) | Provident Fund means— |
persons accepted by the Fund as being dependants in accordance with the rules of the Fund; and the
| (b) | Sick Benefit Society means— |
persons accepted by the Society as being dependants in accordance with the rules of the Society; and the
| (c) | Death and Funeral Scheme means— |
persons accepted by the Scheme as being dependants/beneficiaries in accordance with the rules of the Scheme;
[Definition substituted by section 3 of Notice No. R. 30, GG44090, dated 22 January 2021]
means an employee who is wholly or mainly engaged in the despatch or the packing or receiving of goods for transport or delivery and who may attend to or supervise the checking, mass-measuring, packing, marking, addressing or despatching thereof;
means an employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "driving a motor vehicle" includes all periods of driving, any time spent by a driver on work connected with the vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;
means a book provided by his employer (if required) to be completed in duplicate;
means any work which, owing to causes such as fire, storm, accident, act of violence or theft, must be done without delay, and any work necessary for the transportation of machinery to prevent any serious dislocation in the Industry;
means the same as defined in the Basic Conditions of Employment Act 1997 (Act 75 of 1997)(as amended);
means any premises where furniture, bedding and upholstery manufacturing takes place;
means the total length of all periods of employment which an employee (in the occupation in which he is engaged) has had in any industry;
"foreman" and/or "supervisor"
means an employee who is employed in a supervisory capacity and who, in the execution of his duties, which shall be related to the Furniture, Bedding and Upholstery Manufacturing Industry—
| (a) | manages the manufacturing activities of a whole establishment or a department or subdivision thereof as his primary duty; and/or |
| (b) | customarily and regularly directs the work of other employees; and/or |
| (c) | has the authority to engage or dismiss employees, or make suggestions as to the same, or as to promotions or demotions of employees; and/or |
| (d) | customarily and/or regularly exercises discretionary powers; and |
| (e) | is paid a wage of not less than that prescribed for the highest-paid employee in this Agreement whether this be weekly or monthly; and |
| (f) | is paid in full, whether or not he completes the number of hours of work specified in this Agreement, subject thereto that a foreman/supervisor shall not be entitled to payment for hours of work lost owing to short time being worked, stay-aways and absence from his workplace without prior permission, |
but excludes employees who are engaged in costing, designing, buying, planning, organising, directing and/or controlling the duties of foreman and/or supervisor: Provided that in the absence of foremen and/or supervisors, the aforesaid excluded employees shall be deemed to be the foremen or supervisors;
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;
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 my reserve and to pay these holiday bonus monies to the employees when due;
means an employer who employs in excess of 20 employees;
means that portion of the employee's remuneration payable by the establishment for the employee for the purpose of remunerating the employee for any period which the employee is on annual leave as prescribed by the prevailing Collective Agreement;
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;
means an employer who employs between 11 and 20 employees;
means an employer who employs less than 4 employees;
means a business in the scope of this Agreement, which has not conducted manufacturing activities for a period of more than 6 months;
means the maximum number of hours which an establishment ordinarily works per week and normal hours of work has the same meaning;
means the period of 7 days which is considered when determining the weekly wage of an employee, based on an hourly rate of pay;
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);
means a chairperson or a convenor of shop stewards at an establishment;
means an employer who employs between 4 and 10 employees;
means all issues relating to cost and affecting the wage packages of employees or their remuneration;
has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005);
means a service provided by any person who, for reward, procures for or provides to a client other persons who—
| (a) | render services to, or perform work for, the client; and |
| (b) | who are remunerated by the temporary employment service, or labour broker and in which such persons are employees of the temporary employment service or a labour broker and the temporary employment service or a labour broker is such persons' employer; |
means a person who is a registered member of any of the trade unions which are parties to this Agreement and who has been elected as such by the employees at any particular establishment;
means the remuneration payable in money to an employee as prescribed in this Agreement, or where an employer regularly pays to an employee an amount higher than the prescribed amount such higher amount;
means an employee who is remunerated weekly;
means any person, including a partner in a partnership or a director in a company or a member of a close corporation, who performs any of the classes of work of which wages are prescribed in this Agreement.