Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Building Industry, Bloemfontein Extension of Collective Agreement to Non-Parties 3. Definitions

 

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in the Act, and any reference to an Act shall include any amendment of such Act; and unless inconsistent with the context—

 

"Act"

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

 

"actual wage"

means the wage rate per hour which an employer actually pays an employee in respect of the ordinary hours of work;

 

"Agreement"

means the collective Agreement;

 

"ancillary trade"

means any trade defined as skilled in any other industry;

 

"apprentice"

means an employee serving under a written contract of apprenticeship, registered or deemed to have been registered under the provisions of the Manpower Training Act, 1981, or any other relevant Act, and includes a minor employed on probation under that Act;

 

"area"

means the magisterial district of Bloemfontein;

 

"artisan"

means a skilled worker who has completed a trade test as determined by the Construction Education and Training Authority (C E T A);

 

"basis of contract"

means that the contract of employment of an employee shall be on a weekly basis and such employee shall be paid in respect of the hours worked during that week at the rate as prescribed herein;

 

"Building Industry"

means, without in any way limiting the ordinary meaning of the expression, the Industry in which employers and their employees are associated for the purposes of erecting, completing, renovating, repairing, maintaining or altering, building and structures, and/or making articles for use in the erection, completion or alteration of buildings and structures, whether the work is performed, the material is prepared, or the necessary articles are made on the site of the building or structure or elsewhere, and shall include all work executed or carried out by persons therein;

 

"building work"

includes walls, boundary, garden and retaining walls, and supplying stone for cladding, floors, monuments and complementary items;

 

"casual employee"

means an employee who is employed by the same employer for no longer than four consecutive weeks;

 

"CCMA"

means the Commission for Conciliation, Mediation and Arbitration, established in terms of section 112 of the Act;

 

"changing rooms"

means any suitable shed, room or similar satisfactory accommodation with a minimum clear floor space of seven square metres, constructed of four walls and a roof, composed of concrete, brickwork, wood, iron or any combination thereof, which is kept clean and can be securely locked to provide a suitable place for the safe keeping of employees clothing; and such changing room shall not be used for any other purpose than for the changing of clothing and the safe keeping of employees' clothing;

 

"code of good practice"

means a code of good practice issued by the Minister of Labour in terms of Section 203(1) of the Act;

 

"continuous employment"

means an employee's period of uninterrupted employment with the same employer or with an employer to whom the contract of employment is transferred; such continuous employment shall not be interrupted during the time that an employee is absent from work in terms of an entitlement of leave, owing to suspension pending a disciplinary hearing, a lay-off, participation in protected industrial action or a public holiday;

 

"continuous process of work"

means a specific piece of work which once it has been started, must be completed;

 

"contract of service"

means any of the official contracts in terms of which a trainee artisan is employed and trained by the employer as prescribed in the relevant contract;

 

"contributions"

means any payments which the employer or employees are liable to make to the Council in terms of this Agreement, and "levies" has a corresponding meaning;

 

"Council"

means the Bargaining Council for the Building Industry (Bloemfontein) as registered in terms of the Act;

 

"dangerous work"

means any work classified as dangerous in the Occupational Health and Safety Act, 1993, and/or any municipal building regulation pertaining to the industry;

 

"day"

means the period of 24 hours from midnight to midnight;

 

"Department"

means the Department of Labour;

 

"designated agent"

means any person appointed by the Minister in terms of the provision of Section 33 of the Act;

 

"dispute"

includes an alleged dispute;

 

"employee"

means—

 

"employer"

means any person whomsoever who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him, or who permits any person whomsoever in any manner to assist him in the carrying on or conducting of his business ; and "employ" and "employment" have corresponding meanings;

 

"employers' organisation"

means the registered employers' organisation as referred to in the preamble of this Agreement

 

"employment law"

means—

 

"fixed term contracts"

means a contract terminating on a specified date, which shall be stipulated in the contract itself;

 

"foreman"

means an employee engaged in any one or more of the following activities:

 

"general foreman"

means an employee who gives out work to and directly co- ordinates and supervises those categories of employees covered by this Agreement, and whose duties encompass any one or more of the following activities:

 

"general worker"

means an employee engaged in any task or operation not elsewhere specified in any one of the definitions of the categories of employees referred to in the definitions of "skilled employee" and "semi-skilled employee", but includes supervising of other general workers;

 

"industrial action"

means any action contemplated in terms of the definitions of "strike" and "lock-out" respectively, in the Act;

 

"labour-only contract"

means a contract, agreement, arrangement or understanding in terms of which a person undertakes to do work and to be paid only for the provision of his own labour and/or that of his employees, if any, on conditions other than laid down in clause 5, and where such person is not responsible for payment in respect of all the material to be used in the execution of the work to manufacturers or merchants who in the ordinary course of business supply material to the Building Industry;

 

"labour-only contractor"

means a person undertaking labour-only contracting;

 

"levies"

means any payment that the employer or employees are liable to make to the Council in terms of this Agreement; and "contributions" has a corresponding meaning;

 

"lock-up"

means any shed, room, workshop, factory or similar place, constructed of four walls and a roof, composed of concrete, brickwork, wood, iron or any combination thereof, which can be securely locked, all windows, fanlights and other openings to be properly burglar-proofed, the whole to be so constructed as to provide a place for the safekeeping of employees' tools and clothes at any time;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 7(1) of this Agreement;

 

"overtime"

means all time worked in excess of the number of ordinary hours of work prescribed in clause 7(1);

 

"person"

includes—

 

"piecework"

means any system of work under which an employee's earnings are partly or wholly based on quantity or output of work done: Provided that such earnings shall not be less than the remuneration earned for ordinary hours worked;

 

"prescribed wage"

means that portion of the remuneration payable to an employee in terms of clause 8(1) in respect of the ordinary hours laid down in clause 7(1)(a): Provided that if an employer regularly pays an employee in respect of such ordinary hours or work as amount higher than that prescribed in clause 8, it means such higher amount; and for the purposes of this definition;

 

"regularly"

means two consecutive payments;

 

"remuneration"

means payment in money made or owing to any person in pursuance of such person's employment and without limiting the ordinary meaning thereof, includes all contributions provided for in this Agreement and; and "remunerate" has a corresponding meaning;

 

"Secretary"

means the General Secretary of the Council and includes any official nominated by the Council to act for the Secretary;

 

"semi-skilled employee"

means any specified skills employee, apprentice and trainee artisan;

 

"skilled employee"

means any general foreman, artisan and any employee engaged in an ancillary trade;

 

"skilled work"

means any work in the Building and Monumental Stone Industries that may be performed by an employee as defined under "skilled employee" and "semi-skilled employee";

 

"structure"

includes walls, monuments, paving and temporary and permanent buildings;

 

"suitable sleeping accommodation"

means a waterproof shelter, capable of being securely locked, with a suitable floor and the necessary washing facilities, stretchers and mattresses, and separate lavatory accommodation;

 

"wage"

means the amount of money paid or payable to an employee in terms of clause 8(1) of the Agreement in respect of ordinary hours or the hours an employee ordinarily works;

 

"wet-weather shelter"

means a shelter constructed of weather-proof materials in such manner that the occupants will be kept dry and comfortable in any circumstances;

 

"working week"

means from Monday to Friday.