Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Wage and Task Grade Collective Agreement

Extension of consolidated Wage and Task Grade Collective Agreement to Non-parties

Application and Interpretation of Agreement

3. Definitions and Expressions
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3.1Any expression used in this agreement which is defined in the Labour Relations Act, 66 of 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context—

 

'Act'

means the Labour Relations Act, 1995 (Act No.66 of 1995)

 

'Bargaining Unit'

shall mean the bargaining unit comprising those employees engaged in the industry in Task Grades 1 - 9 inclusive;

 

'Council'

means the Bargaining Council for the Civil Engineering Industry;

 

'Cross border work'

means work performed outside the borders of the Republic of South Africa.

 

'CPI'

means the consumer price index as published by STATS SA regarding inflation. For the purposes of this agreement, CPI is calculated by averaging the months of April,May and June of the particular year.

 

'Employee'

means—

(i.) 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
(ii.) Any other person who in any manner assists in carrying on or conducting the business of an employer.

 

'Employer'

means any person whosoever, including a temporary employment service as defined in clause 198(1) of the Act, who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him/her or who permits any person whosoever in any manner to assist him/her in the carrying on or conducting of his/her business;

 

'Hourly-rated employee'

means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;

 

'Law'

means all constitutions; statutes; regulations; by-laws; codes; ordinances, or instructions by any Governmental Body; and the common law, and "law" will have a similar meaning;

 

'Limited duration contracts of employment'

means an employer may employ an employee for a specified, limited contract period in terms of an activity or duration;

 

'Minister'

means the Minister of Employment and Labour;

 

'Pay'

means payment of remuneration in cash, electronic transfer, by cheque or by other means;

 

'Permanent employee'

means any employee who is not an employee employed in terms of a limited duration contract;

 

'Piece-work'

means any system under which an employee's remuneration is based on the quantity of work done;

 

'Promulgation date'

means the date of official implementation of an aforesaid agreement/legislation

 

'Salaried employee'

means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly- rated employee";

 

'Wage'

means the amount of money payable to an employee in terms of Clause (6.1) in Chapter 6 of the Conditions of Employment Collective Agreement in respect of the ordinary hours of work as prescribed in Clauses 2.1 - 2.2 in Chapter 2 of the Conditions of Employment Collective Agreement. Provided that

(i.) if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in Clause (6.1) in Chapter 6 of the Conditions of Employment Collective Agreement, it means such higher amount;
(ii.) the first proviso shall not be so construed as to refer to or include any remuneration which an employee who is employed on any basis provided for in Clause (6.8) in Chapter 6 of the Conditions of Employment Collective Agreement receives over and above the amount which the employee would have received had he or she not been employed on such a basis.

 

3.2The provisions of the Basic Conditions of Employment Act, 1997 shall apply in respect of any employer or employee in the Civil Engineering Industry in so far as a provision thereof provides for any matter that is not regulated by this agreement.