Notices > Bargaining Council for the Motor Industry > Extension to Non-Parties of the Main Collective Agreement > Division A

(1)	The terms of this Agreement shall be observed by all employers and employees in the registered scope of the Council;

(a)	in the Republic of South Africa,

(i)	by the employers and the employees in the Motor Industry who are members of the employers' organisations and/or the trade unions respectively; and

(ii)	by non-parties, to the extent that the Minister of Employment and Labour has granted an extension of this agreement to non- parties in terms of section 32 of the LRA.

(b)	excluding those in terms Section 2 of the LRA:

(i)	the National Defense Force;

(ii)	the National Intelligence Agency; and

(iii)

the South African Secret Service.

(2)	Notwithstanding the provisions of sub-clause (1), the provisions of this Agreement shall apply to—

(a)	apprentices only in so far as they are not inconsistent with the provisions of or any conditions fixed under the Skills Development Act, 1998, and learners in terms of Chapter IV of the Skills Development Act No. 97 of 1998 as amended; and

(b)	trainees undergoing training under the Skills Development Act 97 of 1998 as amended only in so far as they are not inconsistent with the provisions of or any conditions fixed under that Act.

(3)

(a)	Notwithstanding the provisions of sub-clauses (1) and (2), the provisions of the Agreement as set out in the Schedule to this sub-clause shall apply only to employees for as long as their weekly or monthly remuneration, excluding commission on sales, exceeds the rate of—

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022; R205 433.30 per annum or as amended in the Basic Conditions of Employment Act; provided that the threshold shall not increase by more than 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act.

SCHEDULE

ADMINISTRATIVE AGREEMENT

Clause 7	-	Deductions from Earnings
Clause 15	-	Employees' Representatives on the Council
Clause 16	-	Prohibition of Cession of Benefits

MAIN AGREEMENT - DIVISION A

Clause 2	-	Definitions
Clause 3.8	-	Payment of Earnings
Clause 3.9	-	Deductions from Earnings
Clause 3.11	-	Piece Work
Clause 3.12	-	Commission Work
Clause 3.14	-	Travelling Allowances
Clause 5	-	Leave
Clause 5.2	-	Sick Leave
Clause 5.3	-	Maternity Leave
Clause 5.4	-	Other Parental Leave
Clause 7.1	-	Termination of Service
Clause 7.3	-	Retrenchment Pay
Clause 7.4	-	Desertion
Clause 7.5	-	Certificate of Service
Clause 9.1	-	Outwork
Clause 9.3	-	Damage and/or Loss of Property or Assets
Clause 9.6	-	Public Holidays

(b)	Notwithstanding the provision of sub-clause (3)(a) of this clause or any other provisions to the contrary, employees earning in excess of—

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour; R205 433.30 per annum or as amended in the Basic Conditions of Employment Act, provided that the threshold shall not increase by more than 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act - excluding commission on sales, shall not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation.

(4)	Notwithstanding the provisions of sub-clause (3) of this clause, the provisions of clause 13 of the Administrative Agreement shall apply to employees who are members of the National Union of Metalworkers of South Africa or MISA, regardless of their earnings.

(5)	The provisions of clause 6.1 (1) of this Division shall be applicable to all employees, excluding commission on sales, receiving up to—

All Areas

For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2022 R17 119.44 per month (R 3 950.64 per week) or as adjusted as amended in the Basic Conditions of Employment Act, provided that the threshold shall not increase by more than 5,5% in year 2 and 5,5% in year 3 and shall not exceed the published value to the threshold contained in the aforesaid Act.

(6)	Clause 1.1 of the Preamble and Clause 1(1)(a) of Division A, shall not apply to employers and employees who are not members of the employers' organisations and trade unions, respectively.

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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 1: Scope of Application