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

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Provisions applicable to all establishments in the Industry

Preamble
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1.1PERIOD OF OPERATION OF AGREEMENT

This Agreement shall come into operation on such date as may be fixed by the Minister of Employment and Labour in terms of section 32 of the Act, and shall remain in force until 31 August 2022.

 

1.2CENTRALIZED BARGAINING

Bargaining within the Motor Industry, as defined in the Main Collective Agreement, takes place at centralized level. There shall be no two-tier bargaining on any matter of mutual interest, other than in Sector 6 where the Parties may engage in plant level negotiations on actual wages.

 

1.3APPLICATION OF THE BASIC CONDITIONS OF EMPLOYMENT ACT (ACT No. 75 OF 1997)

The Parties agree that whenever any amendments are effective to the Sections identified by Section 49(1) of the Basic Conditions of Employment Act (Act No. 75 of 1997), all corresponding clauses in this Agreement must be amend accordingly.

 

1.4PEACE CLAUSE
(1)The Parties agree not to embark on and/or participate in any form of industrial action as a result of any dispute on wage and/or salary adjustments and other conditions of employment relating to any sector or chapter in this Agreement: Provided that an employer has implemented the wage and/or salary adjustments and other agreed conditions of employment matters on or before promulgation. Participation in any form of industrial action after the date of the settlement Agreement until 31 August 2022 shall be unprotected.
(2)Provided further, that Bargaining within the Motor Industry, as defined in the Main Collective Agreement, takes place at centralized level. There shall be no two-tier bargaining on any matter of mutual interest, other than in Sector 6 where the Parties may engage in plant level negotiations on actual wages which negotiations shall be governed by the provisions of the LRA and shall not be conducted under the auspices of MIBCO. In particular, this clause shall not impact on the DRC jurisdiction to entertain disputes referred to it, arising out of such negotiations at plant level in respect of Sector 6 establishments .

 

1.5TRAINING LAY-OFF SCHEME

The parties recognize the challenges with regards to the current practice  of closure or partial closure of the business environment with the effect of Employees being put on short time and/or unpaid leave. The parties agree to continue exploring the expansion of the training layoff scheme to all incidences of short time. This under the auspices of the CCMA and the Department of Labour.

 

1.6EQUAL WORK FOR EQUAL PAY

The Parties shall comply with the 'equal work for equal pay' clauses of the Employment Equity Act.

 

1.7REMOVAL OF AREA DIFFERENTIALS

The monetary value of the percentage increase of Area A+ 25 cents per hour shall be applied to other areas of increase until area differentials are eliminated