Words used in this agreement and which are defined in the Labour Relations Act, 1995 shall have the same meaning as in that Act; and unless the contrary intention appears, words importing the masculine gender shall include the feminine.
"Act"
means the Labour Relations Act, No.66 of 1995, as amended.
"Agreement"
means the Agency Shop Agreement
"Council"
means the National Bargaining Council of the Leather Industry of South Africa.
"Leather Industry" or "Industry"
means the industry in which employers and employees are associated—
| (1) | for the manufacture, mainly from leather, of— |
| (a) | footwear, including all types, but not including bespoke made footwear; |
| (b) | attache cases, bags and all other containers designed to hold personal effects, sporting kit, tools and documents; |
| (c) | harnesses, bridles, saddlery, saddle bags, leggings, girths, stirrup straps, military equipment other than clothing, ladies' bags, shopping bags, knitting bags, wallets, purses, watch straps, wrist straps, dog collars, dog leads, rugstraps, braces, belts, suspenders, garters, armlets, and all other like articles irrespective of their description but which are designed as substitutes for any of the aforementioned; |
| (d) | ladies' and/or children's handbags; |
| (2) | for the tanning, dressing and fellmongering of hides and skins; |
| (3) | in establishments in which leather goods are also manufactured, for the manufacture, from materials other than leather, of the articles mentioned in paragraph (1): Provided that this paragraph does not include the manufacture of shopping bags made mainly of paper; |
| (4) | for the manufacture of all types of footwear from material other than leather; |
| (5) | for the manufacture of travelling requisites, including trunks, mainly from leather, fibre, wood, cloth, canvas or fabric or any combination thereof; |
| (6) | for the manufacture of handbags from materials other than leather, in establishments in which leather goods referred to in paragraph (1) are not manufactured, but excluding the manufacture of handbags |
| (a) | wholly or mainly from metal; |
| (b) | from cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is cardboard and/or paper and/or any constituent of paper; |
| (c) | wholly or mainly from plastics other than plastic sheeting material; |
| (a) | wholly or mainly from leather, of footballs, punchballs, netball balls, and boxing gloves; |
| (b) | of leather-covered hockey and/or cricket balls; |
| (8) | in establishments in which leather goods are not manufactured for the manufacture from materials other than leather, of— |
| (a) | attache cases, bags and all other containers designed to hold personal effects, sporting kit and documents; |
| (b) | harnesses, bridles, saddlery, leggings stirrup straps, shopping bags, wallets, purses, watch straps, wrist straps, rug straps, braces and all other like articles, irrespective of their description, but which are designed as substitutes for any of the aforementioned; |
| (c) | travelling requisites, including trunks, from materials other than leather, fibre, wood, cloth, canvas or fabric or any combination thereof; Provided that paragraphs (a), (b) and (c) shall not be construed to include— |
| (i) | the manufacture of metal components and/or attachments; |
| (ii) | the manufacture of canvas bank bags, canvas kit bags, canvas rucksacks, cavas haversacks, canvas sampling bags canvas explosive bags; |
| (iii) | the manufacture of any article from rubber; |
| (iv) | the manufacture of any article or the practice of any trade or occupation covered by the Printing Industry which, without in any way limiting the generally accepted meaning thereof, means that industry which, or undertaking in which employers and employees are associated in the production of printed matter of any nature whatsoever; |
| (v) | the manufacture of any articles from metal and of any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastics, but excluding the manufacture, wholly or mainly from fibre or plastic sheeting material, of trunks, attache cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit; |
Provided further that the word "plastic" as contained in paragraph (v) means any of the group of materials which consists of or contains as an essential ingredient an organic substance of a large molecular mass and which while solid in the finished state, at some stage in its manufacture has been or can be forced i.e. cast, calendered, extruded or moulded, into various shapes by flow, usually through the application, singly or together, of heat and pressure.
| (a) | preparation of cured or uncured hides and/or skins for tanning, and for this purpose "preparation of hides and/or skins for tanning" without detracting from its ordinary or technical meaning, includes any of the following: |
Washing, soaking, fleshing, deburring, liming, unhairing, dewooling, the removal of scales, deliming, bating and pickling;
| (b) | tanning of the cured or uncured hides and/or skins; |
| (c) | retanning and/or dyeing and/or drying and/or softening and/or buffing and/or dressing and/or finishing and/or laminating of leather and/or the combing and/or shearing and/or ironing of hides and/or skins with the wool or hair on; |
| (d) | cutting of upholstery panels from leather: |
Provided that, for the purposes of subparagraphs (a) to (c), "hides and skins" includes the following:
Pelts with or without the fur on; sheepskins with or without the wool on; game and goat skins with or without the hair on; all types of reptile skins, and bird skins with or without the feathers on.
"Party trade unions"
means (a) National Union of Leather & Allied Workers (NULAW) and (b) Southern African Clothing and Textile Workers Union (SACTWU)
"Prescribed Employees"
means employees engaged on operations for which wage rates are prescribed in any of the sector collective agreements in the Council
"Wage"
means the wage prescribed for an Employee in Column A of the wage provisions of the relevant agreement of the Council and, in the case of the tanning industry, the wage rate prescribed in the agreement for that industry: Provided that if an Employer regularly pays the Employee an amount higher than this prescribed rate (excluding incentives, overtime and bonus payments), it shall mean such higher amount.
