Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Collective Re-enacting and Amending Agreement1. Scope of Application |
| (1) | The terms of this Agreement shall be observed in the Building and Monumental Masonry Industries— |
| (a) | by all employers who are members of the employers" organisations and by all employees who are members of the trade unions; |
| (b) | by all employers who are not members of the employers" organisations and by all employees who are not members of the trade unions; |
| (c) | in the Magisterial Districts of The Cape, Wynberg [including that portion of the Magisterial District of Somerset West which, prior to 9 March 1973 (Government Notice No. 173 of 9 February 1973, fell within the Magisterial District of Wynberg], Simonstown, Goodwood and Bellville, in those portions of the Magisterial Districts of Malmesbury and Stellenbosch which, prior to the publication of Government Notices Nos. R. 171 of 8 February 1957 and R. 283 of 2 March 1962, respectively, fell within the Magisterial District of Bellville, and in that portion of the Magisterial District of Kuils River which, prior to the publication of Government Notice No. R. 661 of 19 April 1974, fell within the Magisterial District of Stellenbosch but which, prior to 2 March 1962 (Government Notice No. R. 283 of 2 March 1962), fell within the Magisterial District of Bellville; |
| (d) | in the Magisterial Districts of Paarl, Wellington, Stellenbosch, Kuils River (excluding any portions of the last-mentioned two districts which, prior to the publication of Government Notice No. R. 283 of 2 March 1962 fell within the Magisterial District of Bellville), Somerset West [excluding that portion which, prior to 9 March 1973 (Government Notice No. R. 173 of 9 February 1973), fell within the Magisterial District of Wynberg], Strand and Malmesbury (excluding that portion which, prior to the publication of Government Notice No. R. 171 of 8 February 1957, fell within the Magisterial District of Bellville). |
| (e) | in the Municipal Area of Overstrand (Kleinbaai, Franskraal, Masekhane, Blompark, Gansbaai, De Kelders, Hermanus, Westcliff, Mount Pleasant, the Hemel-en-Aarde Valley, Zwelihle, Sandbaai, Hawston, Fisherhaven, Honingklip, Kleinmond, Proteadorp, Overhills, Palmiet, Betty"s Bay, Pringle Bay, Rooiels, Stanford, Baardskeerdersbos, Pearly Beach, Viljoenshof and Withoogte, Onrus and Vermont. |
| (2) | Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to— |
| (a) | employees in the Industry undergoing training consistent with the provisions of the Skills Development Act, 1998; |
| (b) | temporary employment services, labour-only contractors, working partners, working directors, principals, contractors and working members of close corporations who do work in the Building Industry. |
| (3) | Notwithstanding the provisions of subclause (1)(a), the terms of this Agreement shall not apply to— |
| (a) | clerical employees and administrative staff; |
| (b) | university students and graduates in Building Science, and to construction supervisors, construction surveyors and other persons doing practical work in completion of their academic training and to Section 18.2 learners registered in terms of the Skills Development Act; |
| (c) | non-parties in respect of clauses 19 and 20 of this Agreement. |