Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesExtension to Non-parties of the Consolidated Pension Fund Collective Amending Agreement3. Definitions |
Any expression used in this Agreement that is defined in the Labour Relations Act, 1995, as amended shall have the same meaning as in that Act, and any reference to an Act shall include any amendments to such Act; further, unless inconsistent with the context—
means the Provident Funds Act 24 of 1956 as amended from time to time.
means a collective agreement as defined in the Labour Relations Act, 1995, as amended operative in the Iron, Steel, Engineering and Metallurgical Industries, and shall include any succeeding agreement and/or any extensions and/or amendment thereof, and shall further include any agreement as defined in the said Act if such agreement has expired but was operative at the date of coming into operation of this Agreement or became operative after the date of coming into operation of this Agreement;
means an employee serving under a written contract of apprenticeship registered or deemed to have been registered under the Skill Development Act, No 97 of 1998, and includes a minor employed on probation in terms of the Act or a trainee in terms of Atrami Agreement as well as a learner in terms of Chapter IV of the Skills Development Act, No.97 of 1998;
means the Metal and Engineering Industries Bargaining Council, registered in terms of section 29 of the Act;
means the employee and employer contributions payable as stipulated in the Approved Rules of the Fund;
means an employee, including an apprentice, whose minimum rate of pay is scheduled in any collective agreement as defined above in the Iron, Steel, Engineering and Metallurgical Industries;
means any premises wherein or whereon the industries or part thereof, as herein defined, are carried on;
means the Management Committee of the Council, appointed in terms of its Constitution;
means the Engineering Industries Pension Fund;
"Iron, Steel, Engineering and Metallurgical industry"
means
| (a) | The production of iron and/or steel; |
| (b) | The production of alloys and/or the processing and/or recovery and/or refining of metals (other than precious metals) and/or alloys from dross and/or scrap and/or residues; |
| (c) | The general engineering and manufacturing engineering and metallurgical industries; |
| (d) | The building and/or alteration and/or repair of boats and/or ships including the scraping, chipping or scaling and/or painting of their hulls and general woodwork undertaken in connection with ship repairs; |
| (e) | The electrical engineering industry; |
| (f) | The lift and escalator industry; |
| (g) | The plastics industry and |
| (h) | The iron, steel and metallurgical industry as defined in paragraph (a) to (g) above shall include the activities of Temporary Employment Service as defined in the section 198(1) of the Labour Relations Act, 66 of 1995 as amended ("the LRA"), who for reward procure for or provide to a client whose undertaking falls within the registered scope of the Metal and Engineering Industries Bargaining Council any persons (employees as defined in section 198(2) of the LRA) to render services or to perform work in such undertaking. |
For the purpose hereof—
| (a) | "General Engineering and Manufacturing Engineering and Metallurgical Industries" means the industries concerned with the maintenance , fabrication, erection or assembly, construction, alteration, replacement or repair of any machine, vehicle (other than a motor vehicle) or article consisting mainly of metal (other than precious metal) or parts or components thereof and structural metal work, including steel reinforcement work, and the manufacture of metal goods principally from iron and/or steel and/or other metals (other than precious metals) and/or alloys and the finishing of metal goods, but does not include the Motor Industry. |
"Precious Metals" means the precious metals gold, silver, platinum and/or palladium and/or any alloy containing the said precious metals or any of these in such proportion with any other metals to be the greater part in value of such alloy.
| (b) | "Electrical Engineering Industry" shall consist of—: |
| (i) | The manufacture and/or assembly from component parts of electrical equipment in the Republic of South Africa, namely, generators, motors, converters, switch and control gear (including relays, contractors, electrical instruments and equipment associated therewith), electrical lighting, heating, cooking, refrigeration and cooling equipment transformers, furnace equipment, signaling equipment, radio or electronic equipment including monitors, and other equipment utilising the principles used in the operation of radio and electronic equipment, the latter equipment to include, but not to be limited to, television, and further, incandescent lamps and electric cables and domestic electrical appliances, and shall also include the manufacture of component parts of the aforementioned equipment. |
| (ii) | subject to clause (iii) hereunder, the installation; maintenance, repair and service of the equipment referred to in paragraph (i) above in the Province of Transvaal and Natal but does not include the activities of electrical contracting industry; |
| (iii) | The installation, maintenance, repair and service of television sets and monitors within the Republic of South Africa, excluding the installation, maintenance, repair and service in the Province of the Cape of Good Hope, and excluding in respect of the whole of the Republic of South Africa, the installation, maintenance, repair and service of monitors primarily intended for use in accounting and/or data processing and/or business procedures. |
| (c) | "Electrical Contracting Industry" means the design, preparation (other than manufacture for sale) and erection of electrical installations forming an integral and permanent portion of buildings and the repair and/or maintenance of such installations including any cable jointing and electrical wiring associated therewith; |
| (d) | "Lift and Escalator Industry" means the manufacture and/or assembly and/or installation and/or repair of electrical lifts and escalators; |
| (e) | "Plastics Industry" means the industry concerned with the conversion of thermoplastic and/or thermosetting polymers, including the compounding or recycling thereof, or the manufacture of articles or parts wholly or mainly made of such polymers into rigid, semi-rigid or flexible form, whether blown, moulded, extruded, cast, injected, formed, calendered, coated, compression moulded or rotational moulded, including in-house printing on such plastics by the manufacturers, and all operations incidental to these activities; |
| (f) | "Plastics" means any one of the group of materials which consist of or contains as an essential ingredient an organic substance of a large molecular mass and which, while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shape by flow, usually through the application, singly or together, of heat and pressure including the recycling or compounding thereof, but only where such compounding and/or recycling is as a result of the conversion for manufacture by the same employer, but shall exclude all extrusions into mono-and multi-filament fibres and other activities falling under the scope of the National Textile Bargaining Council; |
| (g) | "Machine" means any appliance irrespective of the material of which it is made, but does not include an agricultural tractor; |
| (h) | "Metal Goods" does not include agricultural tractor; |
| (i) | "Motor Industry" means,— |
| (aa) | assembling, erecting, testing, remanufacturing, repairing, adjusting, overhauling, wiring, upholstering, spraying, painting and/or reconditioning carried on in connection with— |
| (i) | chassis and/or bodies of motor vehicles; |
| (ii) | internal combustion engines and transmission components of motor vehicles; |
| (iii) | the electrical equipment connected with motor vehicles, including radios; |
| (ab) | automotive engineering; |
| (ac) | repairing, vulcanising and/or retreading tyres; |
| (ad) | repairing, servicing and/or reconditioning batteries for motor vehicles; |
| (ae) | the business of parking and/or storing motor vehicles; |
| (af) | the business conducted by filling and/or servicing stations; |
| (ag) | the business carried on mainly or exclusively for the sale of motor vehicles or motor vehicle parts and/or spares and/or accessories (whether new or used) pertaining thereto, whether or not such sale is conducted from premises which are attached to a portion of an establishment wherein is conducted the assembly of or repairs to motor vehicles; |
| (ah) | the business of motor graveyards; |
| (ai) | the business of assembly establishments: |
| (aj) | the business of manufacturing establishments wherein are fabricated motor vehicle parts and/or spares and/or accessories and/or components thereof; |
| (ak) | vehicle body building. |
For the purposes of this definition—
"Automotive Engineering" means the reconditioning of internal combustion engines or parts thereof to use in motor vehicles in establishments mainly or exclusively so engaged, whether such establishment is engaged in the dismantling and repair of motor vehicles or not;
"Motor Vehicle" means any wheeled conveyance propelled by electrical or mechanical power (other than steam) and designed for haulage and/or for the transportation of persons and/or goods and/or loads,including trailers and caravans, but does not include any equipment designed to run on fixed tracks, trailers designed to transport loads of 20 tons or over, or aircraft;
"Vehicle Body Building" means any or all of the following activities carried on in a Vehicle Body Building establishment—
| (i) | the construction, repair or renovation of cabs and/or bodies and/or any superstructure for any type of vehicle; |
| (ii) | the manufacture or repair of component parts for cabs and/or bodies and/or any superstructure, and the assembling, adjusting and installation of arts in cabs or bodies or on the superstructure of vehicles; |
| (iii) | fixing cabs and/or bodies and/or any superstructure to the chassis of any type of vehicle; |
| (iv) | coating and/or decorating cabs and/or bodies and/or any superstructure with any preservative or decorative substance; |
| (v) | equipping, furnishing and finishing off the interior of cabs and/or bodies and/or superstructures; |
| (vi) | the building of trailers, but not including the manufacture of wheels or axles therefor; and |
| (vii) | all operations incidental to or consequent upon the activities referred to in paragraphs (i), (ii), (iii), (iv), (v) and (vi). |
For the purposes of this definition, "vehicle" does not include an aircraft, and "Motor Industry" as defined above shall not include the following:
| (i) | The manufacture of motor vehicle parts and/or accessories and/or spares and/or components in establishments laid out for and normally producing metal and/or plastic goods of a different character on a substantial scale; |
| (ii) | the assembling, erecting, testing, repairing, adjusting, overhauling, wiring, spraying , painting and/or reconditioning of agricultural tractors, except where carried on in establishments rendering similar service in respect of motor cars, motor lorries, or motor trucks; |
| (iii) | the manufacture and/or maintenance and/or repair of— |
| (aa) | civil and mechanical engineering equipment and/or parts thereof, whether or not mounted on wheels; |
| (bb) | agricultural equipment or parts thereof; or |
| (cc) | equipment designed for use in factories and/or workshops. |
Provided that for the purposes of (aa), (bb) and (cc) above, "equipment" shall not be taken to mean motor cars, motor lorries and/or motor trucks and;
| (dd) | motor vehicle or other vehicle bodies and/or superstructures and/or parts or components thereof made of steel plate of 3,175 mm thickness when carried on in establishments laid out for and normally engaged in the manufacture and/or maintenance and/or repair of civil and/or mechanical engineering equipment on a substantial scale; |
The above mentioned interests shall not include the undertakings, industries, trades or occupations in respect of which the Transnet Building Council has been registered on 2 October 1991. The latter Council has been registered in respect of the undertakings, industries, trades or occupations of Transnet Limited known as Spoornet, South African Airways, Autonet, Portnet, Transtel, Transwerk, Promat, Protekon or any other business, undertaking, industry, trade, occupation, unit, department or section of Transnet Limited in the Republic of South Africa, as these undertakings, industries, trades or occupations were constituted on 2 October 1991.
| (6) | Notwithstanding the provisions of Clause 1(1), the terms of this Agreement shall not apply to— |
| (a) | the manufacture, for sale, of standard high-speed cutting tools made from high-speed steel by means of plant and/or equipped and/or methods specifically adapted and/or designed for" production by repetitive processes, in the Magisterial Districts of Johannesburg, Boksburg, Vereeniging and Pietermaritzburg; |
| (b) | the installation,maintenance and repair of electrical equipment referred to in paragraph (b) of the definition of "Electrical Engineering Industry" in Clause 3 of Part 1 of the Main Agreement published under Government Notice No. R.404 of 31 March 1998, in the Province of the Cape of Good Hope and the Orange Free State; |
| (c) | assembling, servicing, installation, maintenance, and/or repair of appliance, equipment, machines, devices and apparatus,whether utilizing manual, photographic,mechanical, electrical,' electrostatics, electronic principles, or any combination of such principles, which are primarily intended for use in accounting and/or business and/or calculating and/or office and/or educational procedures; |
| (d) | the installation and/or repair of burglar and/or other similar alarm systems in the Provinces of the Cape Good Hope and the Orange Free State; |
| (e) | the installation and/or repair and/or servicing of radios and/or refrigerators and/or domestic electrical appliance in the Province of the Cape Good Hope and the Orange Free State; |
means 1 July 2012, the date mutually agreed to by the parties on which the contribution increase program commenced.
includes the common law;
means the Agreement published under Government Notice No. R.404 of 31 March 1998 or any succeeding agreement and includes any amendment, re-enactment or extension thereof, and further includes the Main Agreement during any period that it is expired;
means the Metal Industries Provident Fund;
means the actual wages payable to an employee by the employer each week in respect of the ordinary hours worked by such employee in the shifts of the establishment concerned during such week, including monies payable in terms of any agreement or under any law, but excluding amounts paid in respect of overtime, shift and other allowances and holiday leave bonuses, but including amounts paid in respect of overtime hours worked to make up lost ordinary hours, and for the purposes of this definition—
| (a) | in the case of a monthly-paid employee, his pensionable remuneration shall be the amount determined as above, converted on the basis that one month equals 4 1/3 weeks; |
| (b) | "shift" means that period of work ordinarily worked by an employee in any period of 24 hours; |
means the Permanent Disability Scheme constituted to organise and provide permanent disability benefits for the employees of employers in the group of industries known as the Iron, Steel, Engineering and Metallurgical Industries in the Republic of South Africa and such other industry/industries in the Republic as may from time to time be admitted to participate in the Scheme by the Board of Management in terms of the Constitution of the Scheme;
means the precious metals gold, silver, platinum and/or palladium and/or any alloy containing the said precious metals, or any of these in such proportion with any other metals as to the greater part in value of such alloy;
means any committee appointed as such by the Council in terms of its Constitution;
means the Magisterial Districts of Beaufort West, Bellville, Bredasdorp, Caledon, Calvinia, Carnarvon, Clanwilliam, Ceres, Fraserburg, George, Goodwood, Heidelberg (CP), Hermanus, Hopefield (CP), Knysna, Kuils River, Ladismith (CP), Laingsburg, Malmesbury, Mitchells Plain, Montagu, Moorreesburg, Mossel Bay, Namaqualand, Paarl, Piketberg, Prince Albert, Riveradale, Robertson, Simonstown, Somerset West, Stellenbosch, Strand, Sutherland, Swellendam, The Cape, Tulbagh, Vanrhynsdorp, Victoria West, Vredenburg, Vredendal, Wellington, Williston, Worcester and Wynberg, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Cape Regional Council), P.O Box 6096, Roggebaai, 8012; or Room 507, Pearl Assurance House, Heerengracht, Foreshore, Cape Town, 8001;
means the Magisterial Districts of Albert, Aliwal North, Barkly East, Cathcart,East London, Elliot, lndwe, King William's Town, Komga, Lady Grey, Maclear, Molteno, Queenstown, Sterkstroom, Stutterheim, Tarkastad and Wodehouse, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Border Regional Council), P.O. Box 13162, Vincent, 5217; or First Floor, 12 St Georges Road, Southernwood, 5201;
means the Province of Natal, and tor the purposes of this particular area the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (KwaZulu Natal Region), P O Box 5900, Durban, 4000, or 14th Floor, Mercury House, 320 Smith Street, Durban, 4001.
means the Magisterial Districts of Aberdeen, Adelaide, Albany, Alexandria, Bathurst, Bedford, Calitzdorp, Colesberg, Cradock, Fort Beaufort, Graaft-Reinet, Hankey, Hanover, Hotmeyr, Humansdorp, Jansenville, Joubertina, Kirkwood, Middelburg (CP), Murraysburg, Noupoort, Oudtshoorn, Pearston, Port Elizabeth, Richmond (CP), Somerset East, Steytlerville, Steynsburg, Uniondale, Uitenhage, Venterstad and Willowmore, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Midlands Regional Council), P.O Box 12848, Centrahill, 6006, or First Floor, 30 Pearson Street, Central, Port Elizabeth, 6001;
means the Province of the Transvaal,excluding the Magisterial Districts of Bloemhof, Christiana, Coligny, Delareyville, Klerksdorp, Lichtenburg, Potchefstroom, Schweizer-Reneke, Ventersdorp and Wolmaransstad, and for the purposes of this particular area the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Gauteng Region), P.O Box 3998, Johannesburg, 2000 or Union Corporation Building, 1st Floor, 77 Marshall Street, Johannesburg, 2001.
means the Province of the Orange Free State, and includes the Magisterial Districts of Bloemhof, Christiana, Coligny, Delareyville, Klerksdorp, Lichtenburg, Potchefstroom, Schweizer-Reneke, Ventersdorp and Wolmaransstad, in the Province of the Transvaal, and the Magisterial Districts of Barkly West, Britstown, De Aar, Douglas, Gordonia, Griekwastad, Hartswater, Hopetown, Kenhardt, Kimberley, Kuruman, Postmasburg, Philipstown, Prieska, Vryburg and Warrenton, in the Province of the Cape of Good Hope and for the purposes of this particular area and the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Orange Free State and Northern Cape Regional Council), P.O. Box 95, Welkom, 9460, or 136 Constantia Road, Dagbreek, Welkom, 9459;
means the Permanent Disability Scheme as referred to above.
means the agreement approved by the Financial Services Board on 30 November 2011 to distribute surpluses in the Fund.