Labour Relations Act, 1995 (Act No. 66 of 1995) Notices National Bargaining Council for the Clothing Manufacturing Industry Main Collective Agreement Part A : Provisions for the Eastern Cape Region 3. Definitions (L - W)

 

"layer-up"

means an employee engaged in laying material preparatory to cutting, and/or dusting with powder through perforated patterns, and/or bundling parts of garments, and/or spraying of outlines on pre-laid patterns, and/or the placing of carbon sheets on a lay, and/or tracing patterns, and/or making carbon copies or machine duplicated copies of pre-marked lays;

 

"learner"

means, in the case of an employee referred to in subclause 6.1 (1) (b), (c), (h) and (v), and employee who has had less than four and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (d), (f), (j) and (p), an employee who has had less than two and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (9) and (o), an employee who has had less than two years" experience; in the case of an employee referred to in subclause 6.1 (1) (m), an employee who has less than one and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (n), an employee who has less than one year"s experience and in the case of an employee referred to in subclause 6.1 (1) (i), (k) and (I), an employee who has had less than a half a year"s experience;

 

"machine serviceman"

means an employee engaged in adjusting and/or maintaining machines and boilers in good repair;

 

"machinist"

means an employee who performs any operation by sewing and/or linking and/or cuff seaming machines and/or mechanical stapling machines and includes the operation of a mechanical and/or hydraulic cutting press in the glove making section and a tailor;

 

"marking"

means the marking of the position of the pockets, buttons, button-holes, loops, fasteners, darts, hems, turn-ups and the like preparatory to further operations;

 

"marker-in"

means an employee engaged in marking in or chalking around outlines of garments or lays of garments from patterns provided by the employer and who may cut out garments or lay-ups of garments by electric, hand or band-knife or by shears;

 

"motor vehicle driver"

means an employee who is engaged in driving a motor vehicle, and for the purposes of this definition 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 an all periods during which he is obliged to remain at his post in readiness to drive;

 

"mouldmaker"

means an employee who is engaged in the making of mould by mixing ingredients and pouring resultant paste into or onto formers in the manufacture of gloves;

 

"National Council",

means the National Bargaining Council for the Clothing Manufacturing Industry, registered in terms of the Act;

 

"NES (Clothing)"

means an employee employed at a Clothing establishment, in a capacity not elsewhere specified in this part of the Agreement;

 

“night shift worker”

means an employee who is required to work his normal shift between the hours of 22h00 and 06h00 on any day;

 

“normal shift worker”

means an employee who works shifts, other than a twilight shift, in or in connection with an activity with respect to which work is performed in two or more shifts per day;

 

"occupier"

means the person having the general management and control of the workshop, and if there are two or more such persons, includes all such persons;

 

"packer"

means an employee who is engaged in counting and packing finished products in the glove-making section of the Clothing Industry, and in checking beads, size, overall length, pinholes, thickness and appearance, affixing labels where applicable, and packing into plastic bags and/or containers;

 

"pattern grader"

means an employee at a garment knitting establishment who grades patterns to various sizes and makes ancillary patterns to a master pattern and includes an employee engaged in making master patterns for pleating process;

 

"pattern maker"

means an employee at a garment knitting establishment engaged in designing and/or making master patterns;

 

"part-time driver of a motor vehicle"

means an employee who is ordinarily engaged on duties other than driving a motor vehicle but who on more than two days in any week is engaged in driving a motor vehicle for not more than three hours in total on any such day, and for the purposes of this definition driving a motor vehicle includes all periods of driving and any time spent by the driver while in charge of the vehicle or on work connected with the vehicle or the load;

 

"paternity"

means any event connected to the birth or adoption of a child parented by an eligible employee.

 

"piece-work"

means any system by which remuneration is calculated by quantity or output of work done;

 

"plainsewer"

means an employee engaged in performing one or more of the following operations by hand:

 

"premiums"

means without in any way limiting the ordinary meaning of the term, any consideration of whatever nature given in return of the training of an employee.

 

"presser"

means an employee engaged in pressing completed garments by hand or machine;

 

"progress examiner"

means an employee, other than a checker in the knitting section, engaged in examination for quality requirements of parts of or components of or uncompleted garments;

 

"qualified"

means, in the case of an employee referred to in subclause 6.1 (1) (b), (c), (h) and (v), an employee who has had not less than four and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (d), (f) (j) and (p), an employee who has had not less than two and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (9) and (o), an employee who has had not less than two years" experience; in the case of an employee referred to in subclause 6.1 (1) (m), an employee who has not less than one and a half years" experience; in the case of an employee referred to in subclause 6.1 (1) (n), an employee who has not less than one year"s experience and in the case of an employee referred to in subclause 6.1 (1) (i), (k) and (I), an employee who has had not less than half a year"s experience.

 

"quality control inspector"

means an employee who is engaged in the final examination for quality requirements of finished rubber gloves, and in checking pH, temperature, specific gravity and viscosity, testing dip plate tensile strengths of compounds, conducting an electrical test on finished gloves and completing records;

 

"quality product co-ordinator"

means an employee who is engaged in classifying, sorting, inspecting and packing products in the glove-making section of the Clothing Industry;

 

"short-time"

means a temporary reduction in the number of ordinary hours of work owing to slackness of trade, shortage of supplies, or a breakdown of plant or machinery or break-down or threatened breakdown of buildings;

 

"specialised presser"

means an employee engaged in pressing all jackets being part of ladies" and gents" suits: Provided that where high grade overcoats are manufactured at any establishment, the Council may, after due consideration, require that any employees pressing such garments be included under this definition;

 

"steam box pleater"

means an employee engaged on one or more of the following duties—

 

"supervisor"

means an employee who under general supervision is responsible for the efficient performance of the duties of the employees or a section of the employees in a factory;

 

"tailor"

means an employee engaged in all hand or machine operations relating to the production of men"s outerwear, excluding the operations referred to in the definition of "plain sewer";

 

"tea maker"

means an employee engaged in making tea or similar beverages and who may wash cups, saucers and kitchen utensils and who may be responsible for cleaning the kitchen and/or rest rooms;

 

"temporary employee"

means an employee who is employed for a fixed period of not exceeding six months to replace an employee on confinement leave;

 

"traveller"s driver"

means an employee at a garment knitting establishment accompanying the traveller on his journey and assisting the traveller in driving and in packing, unpacking and displaying samples;

 

"twilight shift"

means a shift, other than a normal shift, introduced by an employer between the hours 16h30 and 23h00 on any day from Monday to Friday;

 

“twilight shift worker”

means an employee, other than a normal shift worker, employed any time between the hours 16h30 and 23h00 on any day from Monday to Friday with the specific intent of being employed on a twilight shift and who is not ordinarily employed by the employer who has introduced the twilight shift or any other employer;

 

"underpresser"

means an employee, other than a presser, engaged in pressing processes during the course of manufacture;

 

"unladen mass"

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: Provided that in the case of a two or three-wheeled motor cycle, motor scooter or auto-cycle or a cycle fitted with an auxiliary engine, with an engine capacity exceeding 50 cm, the unladen mass shall be deemed not to exceed 453 kg;

 

"wage"

means the amount payable in terms of subclause 6.1 of this part of the Agreement in respect of the ordinary hours laid down in terms of subclause 7.1: Provided that-

 

"watchman"

means an employee engaged in guarding premises or property;

 

"workshop"

means any premises in which one or more employees are engaged in operations in the Industry;