Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Canvas Goods Industry, GautengExtension to Non-Parties of the Main Collective Agreement2A. Definitions |
All expressions used in this Agreement which are defined in the Labour Relations Act, No. 66 of 1995, shall have the same meaning as in that Act; and unless the contrary intention appears, words implying the masculine gender shall include females, and those signifying the singular shall include the plural and vice versa; furthermore unless inconsistent with the context—
means the Labour Relations Act, No 66 of 1995;
means an employee who supervises the operation of putting up blinds or awnings and who is engaged in cutting to design or pattern, marking out designs for, and/or drawing plans for, and/or estimating costs of, and/or measuring and/or erecting blinds and/or awnings and who may fix the frames of such blinds and/or awnings;
means the Bargaining Council for the Canvas Goods Industry (Gauteng);
means an employee who cuts out material according to template or marks by hand or machine;
means a chopper-out who has not less than one and a half years' experience;
means an employee, other than a blind-hanger, who marks out material other than by means of template, according to measurement or specifications supplied to or made by him and who may cut such material and supervise choppers-out and/or labourers;
means a cutter who has had not less than two and half years' experience;
means a cutter who has had less than two and a half years' experience;
means the weekly wage divided by the number of hours ordinarily worked per week and multiplied by the number of hours ordinarily worked per day in an establishment;
means an employee who drives a passenger vehicle for the convenience of staff, management and workmen exclusively, excluding the conveyance of any materials and equipment of any establishment;
means an employee who drives a motor vehicle for the conveyance, delivery and/or distribution of goods and/or manufactured articles and/or raw materials of any establishment, and for the purposes of this definition the expression "driving a motor vehicle" includes all periods of driving and any time spent by the driver on work connected with the motor vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;
means work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work;
means any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration, and any other person who in any manner assists in the carrying on or conducting the business of an employer. An employee (including a part-time or casual employee) who is employed for longer than three months shall be deemed to be permanent and will be entitled to the same benefits as are enjoyed by full-time employees;
means any place in which any operations in connection with the Industry are carried on and includes any premises where a person is employed in any of the classes of work specified in this agreement;
means the total period(s) of employment, which an employee has had in the Industry;
means an employee with not less than five years' experience in the Industry who is in charge of the employees in an establishment and who exercises control over such employees and is responsible for the efficient performance by them of their duties and who may perform any other duties or operations;
means an employee who—
| (i) | assists a foreman or blind-hanger in any or all his duties; |
| (ii) | constructs frames for blinds and/or awnings and fits blinds and/or awnings to such frames; |
| (ii) | carries out roping, hand sewing of grommets, hooks and eyes, water bag mouthpieces, corks, dees and straps; |
means an employee engaged or occupied with any or all of the occupations of a general assistant and who has had not less than two and half years' experience in any or all such occupations;
means an employee engaged or occupied on any or all the occupations of a general assistant and who has had less than two and a half years' experience in any or all such occupations;
"general worker" and/or "labourer"
means an employee wholly or mainly in one or more of the following duties or capacities:
| (1) | cleaning or washing premises, animals, machinery, implements, tools, utensils, vehicles or other articles including finished articles; |
| (2) | lime-washing compounds, latrines, stables, outbuildings and similar buildings and structures; |
| (3) | loading and unloading; |
| (4) | lifting, carrying, moving on stacking articles, pushing or pulling any vehicle; |
| (5) | making and maintaining fires and removing refuse; |
| (6) | loosening, taking out, breaking or spreading stone, clay or sand, digging trenches or foundations, or other excavation work; |
| (7) | cutting down, destroying or removing trees or vegetation; |
| (8) | demolishing buildings or other structures; |
| (9) | feeding into or taking off from machines, excluding printing machines; feeding into or drawing off from tanks or vats under supervision; |
| (10) | mixing ash and cement or cement and sand, mortar, concrete, stone or bitumen by hand and spreading concrete or bitumen by shovel, rake, fork or barrow; |
| (11) | opening or closing doors, boxes, packages, bales, sacks or bags; sealing or preparing empty cardboard containers for use in packaging; |
| (12) | tending livestock or minding vehicles; |
| (13) | marking, branding, stenciling or affixing ready addressed labels on boxes, bales, sacks or other containers, packages or articles; |
| (14) | mass, measuring to a set mass meter; |
| (15) | delivering letters, messages or goods on foot or by means of a bicycle or hand propelled vehicle; |
| (16) | preparing soup or making tea or other beverages; |
| (17) | oiling and greasing machinery or vehicles (other than motor vehicles), barrows and cycles; |
| (18) | gardening work (i.e. planting under supervision, digging, raking, mowing, spreading, mixing and watering); |
| (19) | packing articles of uniform size and number into receptacles specially made to contain such articles; |
| (20) | rolling up material or manufactured articles; |
| (21) | trimming; |
| (22) | putting in ropes, knotting cords, knotting strainers; |
| (23) | painting poles and tent tops, staining wood for tent poles, painting garden furniture; |
| (24) | knocking in eyelets and/or metal fasteners by hand or machine; |
| (25) | clamping on metal tips with or without eyelets and/or press studs on web equipment; |
| (26) | putting wire hooks in ventilating pipes and/or water bag handles, inserting washers; |
| (27) | painting, dipping, oiling or brushing canvas for waterproofing purposes, dressing canvas; |
| (28) | drilling or punching holes in walls or lintels under supervision; |
| (29) | cutting rope and webbing to a set measurement, cutting off threads; |
| (30) | laying out material preparatory to cutting; |
| (31) | whipping ends of ropes; |
| (32) | covering metal supports or brackets for awnings; |
| (33) | closing, bailing, marking, wrapping up packages; |
| (34) | filling batteries with distilled water; |
| (35) | sorting rags or waste material; |
| (36) | turning the handle of a hand operated machine; |
| (37) | folding, unrolling and laying out; |
| (38) | mending sacks by hand; |
| (39) | splicing; |
| (40) | preparing articles for waterproofing by smearing solution on such articles; |
| (41) | teasing flock and coir, filling mattresses and cushions; |
| (42) | winding bobbins; |
| (43) | in the manufacture of waterproof suits— |
| (a) | folding and doubling canvas strips other than by machine; |
| (b) | sealing seams by attaching strips of canvas previously cut to widths, cutting such strips to predetermined lengths; |
| (c) | marking outline of reinforcing patches and facing in predetermined positions; |
| (d) | solutioning and pressing down canvas strips by hand; |
| (44) | in the manufacture of helmets, attaching rubber to canvas by hand in the making of linings; |
| (45) | vulcaniser attendant; |
| (46) | in the manufacture of ice -cream containers, securing insulating material and tucking in seams; |
means an employee who is employed to make minor repairs to machinery or equipment and for the purpose of maintenance to buildings;
means an employee who has served his apprenticeship in a trade designated or deemed to be designated under the Apprenticeship Act, 1944, or holds a certificate of proficiency issued to him by the registrar of Apprenticeship in terms of section 6 of the training of Artisans Act, 1951, or a certificate issued to him by the said registrar in terms of either section 2(7) or section 7(3) of the said Act or an employee who has been issued with an appropriate certificate after completing a learnership in terms of the current legislation;
means an employee engaged in operating a hand or power driven sewing machine;
means any machinist, regardless of experience, engaged in operating any sewing machine of the "seven hyphen" class or any sewing machine intended for work equivalent to or heavier than normally performed on a sewing machine of the "seven hyphen" class;
means a machinist engaged in operating any sewing machine other than described in the definition of "machinist (heavy machine)" who has had not less than one years' experience;
means a machinist engaged in operating any sewing machine other than those described in the definition of "machinist (heavy machines)" who has had less than one years' experience;
means an employee who is engaged in guarding property during the night, the major part of whose work falls during the hours of 17h00 and 07h00 or during Sundays or Public holidays;
means the time that an employee works during a day or a week in excess of ordinary hours of work;
means any day that is a holiday in terms of the Public Holiday's Act, 1994 (Act No. 36 of 1994) or any day declared as such in terms of a Proclamation;
means an employer's organisation registered under Section 96 of the Labour Relations Act, 1995;
means a trade union registered under Section 96 of the Labour Relations Act, 1995;
means the general secretary of the council or anyone appointed to act in his place;
means the Southern African Clothing and Textile Workers Union;
means the mass of any motor vehicle or trailer as recorded in a licence or certificate issued in respect of such motor vehicle or trailer by any authority empowered by law to issue licences in respect of motor vehicles;
"wage" or "ordinary wage"
means the amount of money payable to an employee in terms of rates payable as stipulated in this agreement in respect of his ordinary weekly hours of work prescribed in clause 4, and if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in this agreement, it means such higher amount;
means an employee engaged in operating an electronic high frequency welding machine used in joining coated fabrics. In classifying an employee for the purpose of determining his main occupation in terms of this Agreement he shall be deemed to be in that class in which he is wholly or mainly engaged.