| (1) | The terms of this Agreement shall be observed by employers and employees in the Iron, Steel, Engineering and Metallurgical Industry as defined hereunder, in the Republic of South Africa |
"Iron, Steel, Engineering and Metallurgical Industries"
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 scrapping, 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 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 a precious metal), or parts or components thereof, and structural metal work, including steel reinforcement work, and the manufacture of metal goods principally from such 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, convertors, switch and control gear (including relays, contactors, electrical instruments and equipment associated therewith), electrical lighting, heating, cooking, refrigeration and cooling equipment, transformers, furnace equipment, signalling 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 Provinces of the 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. |
| (2) | "Electrical Contracting Industry" |
means the design, preparation, (other than manufacture for sale) and erection of electrical installation 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;
| (3) | "Lift and Escalator Industry" |
means the manufacture and/or assembly and/or installation and/or repair of electrical lifts and escalators;
means the Industry concerned with the conversion of thermoplastic and/or thermosetting polymers, including the compound 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;
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 shapes 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 extrusion into mono- and multi-filament fibres and other activities falling under the scope of the National Textile Bargaining Council;
means any appliance, irrespective of the material of which it is made, but does not including an agricultural tractor.
does not include agricultural tractor;
means—
| (aa) | Assembling, erecting, testing, remanufacturing, repairing, adjusting, overhauling, wiring, upholstering, spraying, painting and/or reconditioning carried on in connection with— |
| (a) | chassis and/or bodies of motor vehicles; |
| (b) | internal combustion engines and transmission components of motor vehicles; |
| (c) | 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 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 or repair motor vehicles; |
| (ah) | the business of motor graveyards; |
| (ai) | the business of assembly establishments; |
| (aj) | the business of manufacturing establishments where motor vehicle parts and/or spares and/or accessories and/or components; |
| (ak) | vehicle body building. |
For the purposes of this definition;
| (9) | "Automotive engineering" |
means the reconditioning of internal combustion engines or parts thereof for 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;
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, and includes trailers and caravans, but does not include any equipment designed to run on fixed tracks, trailers designed to transport loads of 27 tons or over, or aircraft;
| (11) | "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 parts 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; |
| (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 motorcars, 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;
| (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 Transnet Bargaining Council has been registered on 2 October 1991. The latter Council has been registered in respect of the undertaking, industries, trades or occupations of Transnet Limited known as Spoornet, South African Airways, Autonet, Portnet, Transtel, Transwerk, Promat, Protekon or any other business, undertakings, 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.
| (12) | Notwithstanding the provisions of subclause (1), the terms of this Agreement shall not apply to— |
| (a) | Any employee who is any person, excluding an independent contractor, who works for another person and who receives, or is entitled to receive, any remuneration and to an employer of such employees who means any person whomsoever [including an temporary employment service as defined in section 198(1) of the Act] who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person whosoever in any manner to assist him in the carrying on or conducting of his business in the registered scope of the council; |
| (b) | Any other person who in any manner assists in carrying on or conducting the business of the employer in the registered scope of the council, and |
| (c) | Apprentices and trainees not engaged through the merSETA. |
