Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Administrative Collective AgreementExtension to Non-Parties of the Administrative Collective AgreementClause 3 - Definitions |
Any expressions used in this Agreement that are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act, any reference to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall also include females; further, unless inconsistent with the context:
The headings do not govern or affect the interpretation of this Agreement:
means the Agreement entered into between the parties for the administration of the Council as published in terms of a Government Gazette and any subsequent renewals and/or amendments thereto.
means the Labour Relations Act 66 of 1995 as amended from time to time.
means a learnership in respect of a listed, and includes a trade-test in respect of the trade as defined in the Skills Development Act.
"Areas" means—
means a district created in terms of Section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); and
means a municipal area determined in terms of the Local Government Municipal Demarcation Act, 1998 (Act No. 27 of 1998):
| (1) | "Area Eastern Cape (EC)" |
means the—
| (a) | Magisterial Districts of Aberdeen, Adelaide, Albany, Albert, Alexandria, Alice, Aliwal North, Barkly East, Bathurst, Bedford, Bhisho, Calitsdorp, Cathcart, Centane, Cofimvaba, Colesberg, Cradock, Elliot, Engcobo, Fort Beaufort, Fort Hare; Gatyana; Gcuwa / Butterworth; George, Graaff-Reinet, Hankey, Hanover, Hewu/ Sada; Hofrrieyr, Humansdorp, ldutywa; lndwe, Jansenville, Joubertina, Kalanga Gala, Kariega, Kirkwood, Knysna, Komani, Komga, Kwa bhaca / Mount Frere, Lady Grey, Libode, Lusikisiki, Maclear, Middelburg (C.P.), Mdantsane, Middledrift / Keiskamma Hoek, Makhanda, Molteno, Mosselbay, Mount Fletcher, Mpofu / Seymore, Mquanduli, Murraysburg, Ngqeleni, Noupoort, Nqamakwe, Oudtshoorn, Pearston, Peddie, Port Elizabeth, Qonce, Qumbu, Siphaqenu / Flagstaff, Somerset East, Sterkstroom, Steynsburg, Steytlerville, Stockenstrom, Stutterheim, Tabankulu, Tarkastad; Tsolo, Tsomo, Umtata, Umzimvubo/ Port St Johns, Uniondale, Venterstad, Willowmore, Whittlesea, Wodehouse Xhora, Zwelitsha and Zwentsha; or |
| (b) | Municipal areas of Despatch, Gqeberha and Kariega. |
| (2) | "Areas Free State & Northern Cape (FS & NC)" |
means—
| (a) | Magisterial Districts of Barkly West, .Bloemfontein, Bloemhof, Britstown, Christiana, De Aar, Ganyesa, Gordonia, Hartswater, Hay, Herbert, Hopetown, Kenhardt, Kimberley, Kuruman, Ntshu, Phillipstown, Postmasburg, Prieska, Schweizer Reneke, Taung, Thaba, Upington, Vryburg and Warrenton, Witsieshoek/Phuthaditjhaba; or |
| (b) | Municipal areas of Kimberley and Welkom. |
| (3) | "Area KwaZulu-Natal (KZN)" |
means means—
| (a) | Magisterial Districts of Amajuba District; eThekwini Metropolitan; Harry Gwala District; iLembe District; King Cetshwayo District; Ugu District; uMgungundlovu District; uMkhanyakude District; uMzinyathi District; uThukela District; Zululand District, and |
| (b) | Municipal areas of AbaQulusi, Alfred Duma, Big 5 Hlabisa, City of uMhlathuze, Dannhauser, Dr Nkosazana Dlamini Zuma, eDumbe, eMadlangeni, Endumeni, eThekwini, Greater Kokstad, lmpendle, lnkosi Langalibalele, Jozini, KwaDukuza, Mandeni, Maphumulo, Mkhambathini, Mpofana, Msunduzi, Mthonjaneni, Mtubatuba, Ndwedwe Local, Newcastle, Nkandla, Nongoma, Nquthu, Okhahlamba, Ray Nkonyeni, Richmond, Ubuhlebezwe, Ulundi, Umdoni, uMfolozi, uMhlabuyalingana, uMlalazi, uMshwathi, uMngeni, uMsinga, Umuziwabantu, Umvoti, Umzimkhulu, Umzumbe, uPhongolo. |
| (4) | "Area Highveld (HVL)" |
means—
| (a) | Magisterial Districts of Amersfoort, Amsterdam, Balfour, Betha!, Breyten, Coligny, Davel, Delareyville, Delmas, Ditsobotla, Ermelo, Fochville, Heidelberg, Lichtenburg, Nigel, Orkney, Ottosdal, Piet Retief, Standerton, Stilfontein, Volksrust, Wolmaransstad, Wakkerstroom, and the municipal areas of Amalia, Armadene, Bank, Biesiesvlei, Bosfontein, Claudine, Chrissiesmeer, Dasville, De Deur, Devon, Ebner-on-Vaal, Eendracht, Eikenhof, Eloff, Evander, Evaton, Glenharvie, Gollel, Grasmere, Greylingstad, Grootvlei, Hartebeesfontein, Hekpoort, Holmdene, Kinross, Klipdrift, Kliprivier, Klipvalley, Leeudoringstad, Leslie, Lothair, Magaliesberg, Makokskraal, Makwassi, Migdal, Molopo/Mahikeng, Moolman, Moosrivier, Morgenzon, Muldersdrift, Oberholzer, Paardekraal, Perdekop, Plat Rand, Randfontein, Redan, Residensia, Rykaartspos, Sannieshof, Setla-kgobi, Sundra, Sebokeng, Trichardt, Val, Van Wyksrust, Venterspost, Vermaas, Walkerville, Welbekend, Welverdiend, Westonaria, Zuurbekom; or |
| (b) | Municipal areas of, Alberton, Bedfordview, Benoni, Boksburg, Brakpan, Edenvale, Elsburg, Germiston, Heidelberg (Gauteng), Johannesburg, Kempton Park, Klerksdorp, Krugersdorp, Meyerton, Midrand, Nigel, Potchefstroom, Randburg, Roodepoort-Maraisburg, Sandton, Sasolburg, Springs, Vereeniging. |
| (5) | "Area Northern Region (NR)" |
means—
| (a) | Magisterial Districts of Akasia, Barberton, Belfast, Bochum, Bolobedu, Brits, Bronkhorstspruit, Carolina, Centurion, Cullinan, Dzanani, Eerstehoek/Badplaas, Ellisras, Ga-Rankuwa, Giyani, Groblersdal, Hlanganani, Koster, KwaMhlanga, Letaba (includes Tzaneen), Lulekani,Madikwe, Lydenburg, Malamulela, Mankweng, Mapulaneng, Marica (includes Zeerust), Mdibana, Mdutjana, Messina, Mhala, Middelburg (Mpumalanga), Mkobola, Mokerong, Moretele, Moutse, Mutall, Namakgale, Naphuno, Nebo, Nelspruit, Nkomazi, Nsikazi, Phalaborwa, Pilgrims Rest (includes Graskop and Sabie), Piet Retief, Polokwane, Pretoria, Ritai, Rustenburg, Segosese, Sekhukhuneland, Seshego, Sibasa, Soshanguve, Soutpansberg (includes Louis Trichardt), Swartruggens, Temba, Thabamoopo, Thabazimbi, Thoyandou, Vuwani, Warmbaths, Waterval Boven, Witbank, White River and Waterberg (includes Nylstroom). |
| (6) | "Area Western Cape (WP)" |
means—
| (a) | Magisterial Districts of Beaufort West, Bellville, Bredasdorp, Caledon, Calvinia, Carnarvon, Ceres, Clanwilliam, Fraserburg, Goodwood, Heidelberg (C.P.), Hermanus, Hopefield, Kuils River, Ladismith, Laingsburg, Malmesbury, Montagu, Moorreesburg, Namaqualand, Paarl, Piketberg, Prince Alfred, Riversdale, Robertson, Simon's Town, Somerset West, Stellenbosch, Strand, Sutherland, Swellendam, The Cape and Wynberg, Tulbagh, Vanrhynsdorp, Victoria West, Vredenburg, Vredendal , Wellington, Williston and Worcester; or |
| (b) | Municipal areas of Paarl, Somerset West, Stellenbosch and Strand. |
means a person who performs artisan's work and who—
| 1. | has served an apprenticeship in a designated trade in accordance with the requirements of the Skills Development Act in accordance with a written contract approved by any Regional Council; or |
| 2. | is in possession of a Grade A membership card issued by MISA or NUMSA; or |
| 3. | is in possession of a certificate issued to him in terms of the Skills Development Act; or |
| 4. | is in possession of an identity card issued by the Regional Council. |
means the Auto Workers' Provident Fund, applicable to grade 1 to 6 employees and their employers in the Motor Industry, including any amendments thereto (Registration no. 12/8/32783 as of 03 July 1995).
means the Motor Industry Bargaining Council -MIBCO, registered in terms of Section 29 of the Act.
means the constitution of the Council.
means any workplace or any other place where an employer carries on business or keeps employment records in or on which the Industry, or any part thereof, as defined in this Agreement.
means the Board established by the Council in terms of Section 32 of the Act, to consider and to determine the outcome of all appeals on exemptions submitted by parties and non-parties for exemption from the provisions of all the Councils published collective agreements and the withdrawal of such an exemption by the Council. Exemptions in this regard, will refer to, and include any or all exemptions from any provision of the Main Agreement, this agreement and Provident Fund Agreements, which the Council has the authority to grant.
includes an apprentice as defined in the Skills Development Act.
means a learnership as described in chapter 4 (Learnerships) of the Skills Development Act and includes an apprenticeship.
means the agreement in which wages and other conditions of service are agreed for employees by the parties to the agreement in the Motor Industry, subject to extension of the agreement to non-parties by the Minister.
means the Motor Industry Provident Fund, applicable to Division B, grade 7 employees, grade 8 employees, apprentices and their employers in the Motor Industry, including any amendments thereto (Registration no. 12/8/36666 as of 01 January 2001).
"Motor Industry" (or "Industry"),
without in any way limiting the ordinary meaning of the expression and subject to the provisions of any demarcation determination made in terms of Section 62 of the Labour Relations Act, 1995, includes—
| 1. | assembling, erecting, testing, remanufacturing, repairing, installing, 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) | the electrical and electronic equipment and/or devices mainly exclusively connected with motor vehicles; |
| 2. | automotive engineering; |
| 3. | Auto valet establishments ; |
| 4. | repairing, vulcanising and/or retreading tyres; |
| 5. | repairing, servicing and/or reconditioning batteries for motor vehicles; |
| 6. | the business of parking and/or storing motor vehicles; |
| 7. | the business conducted by filling and/or service stations including ancillary activities forming part of a filing station linked to the convenience store environment inclusive of the preparing, serving and selling of food/beverages of customers but excluding activities of separately registered establishments whose sole activities relates to the restaurant, tea room and catering environment; |
| 8. | 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 that are attached to a portion of an establishment wherein is conducted the assembly of or repair of motor vehicles is carried out; |
| 9. | the business of motor graveyards; |
| 10. | the business of manufacturing establishments wherein are fabricated motor vehicle parts and/or spares and/or accessories and/or components thereof; |
| 11. | motor vehicle body building; |
| 12. | the sale of tractors, agricultural and irrigation equipment (not connected with the manufacture thereof) in the Republic of South Africa, but excluding the Magisterial District of Kimberley, in respect of the sale of: |
| (a) | agricultural and irrigation equipment; and |
| (b) | tractors, except when undertaken by establishments substantially engaged in the sale and/or repair of other motor vehicles. |
For the purposes of this definition—
"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 establishments are engaged in the dismantling and repair of motor vehicles or not;
"Auto valet establishment"
means an establishment associated with filling and/or service stations forming part of the same enterprise within the Motor Industry wherein the under mentioned activities pertaining to motor vehicles in or on the premises of such establishment are carried out:
| (a) | Steam cleaning of chassis/or engines; |
| (b) | Washing and/or polishing of the exterior/body; |
| (c) | Vacuuming and/or cleaning of upholstery and/or interior; |
| (d) | Painting and/or polishing of tyres; and |
| (e) | Driving and/or parking of vehicles on premises of a valet establishment. |
means any wheeled conveyance propelled by mechanical power (other than steam) or electrically and deigned for haulage and/or for the transportation of persons and/or goods and/or loads and includes trailers and caravans and shall not include any equipment designed to run on fixed tracks, or air crafts.
means any or all of the following activities carried on in a motor vehicle body building establishment, but shall not include motor vehicle body building done by assembly establishments incidentally to the assembling of motor vehicles:
| 1. | The construction, repair or renovation of cabs and/or bodies and/or any superstructure for any type of vehicle; |
| 2. | 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; |
| 3. | fixing cabs and/or bodies and/or any superstructure to the chassis of any type of motor vehicle; |
| 4. | coating and/or decoration of cabs and/or bodies and/or any superstructure with any preservative or decorative substance; |
| 5. | equipping, furnishing and finishing off the interior of cabs and/or bodies and/or any superstructure; |
| 6. | building of trailers, but not including the manufacture of wheels or axles therefore; and |
| 7. | all operations incidental to or consequent upon the activities referred to in paragraphs (a), (b), (c), (d), (e) and (f) above. |
For the purposes of this definition, 'vehicle' does not include an aircraft and 'Motor Industry' as defined above does not include the following:
| (a) | 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, or the sale of motor spare parts and accessories by assembly establishments from such establishments; |
| (b) | 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; |
| (c) | the manufacturing and/or maintenance and/or repair of— |
| (i) | civil and mechanical engineering equipment, and/or parts thereof, whether or not mounted on wheels; |
| (ii) | agricultural equipment or parts thereof; or |
| (iii) | equipment designed for use in factories and/or workshops: |
Provided that for the purposes of paragraphs (a), (b) and (c) above, 'equipment' shall not be taken to mean motor cars, motor lorries and/or motor trucks;
| (iv) | motor vehicle or other vehicle bodies and/or parts or components thereof made of steel plate of 3,175 mm thickness or thicker 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; and |
| (d) | assembly establishments which shall mean establishments wherein motor vehicles are assembled from new components on an assembly line and includes the manufacture and/or fabricating of any motor vehicle parts or components when carried on in such establishments, but shall not include motor vehicle body building, except in so far as it is carried on incidentally to the assembly of motor vehicles, other than caravans and trailers. |
means the wage threshold determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act.
means the Pension Funds Act, Act no 24 of 1956, as amended from time to time
means an employee over the age of 22 who is able to prove not less than three years' experience in a trade designated for the Motor Industry or, with the approval of the Regional Council concerned, experience in some other trade, and who under the supervision of a artisan performs work in the designated trade in which he has had the experience or, with the approval of the Regional Council concerned, in some other trade related to the activities covered by the definition of 'Motor Industry' in this Agreement, or an employee who is able to prove to the satisfaction of the Regional Council concerned not less than three-and-a-half years' experience as a repair shop assistant, body shop assistant, motor cycle mechanic's assistant, auto electrician's assistant or diesel pump room assistant with any employer in the 'Motor Industry' as defined.
[Note: Regarding the proof required of three-and-a-half years' experience, a certificate of service shall be issued by the employer in.which it is certified that the employee concerned had served either as a repair shop assistant, body shop assistant, motor cycle mechanic's assistant, auto electrician's assistant or diesel pump room assistant, which certificate in turn shall be verified by the Regional Council concerned, and the employee shall submit proof of having attended the proper course at a duly registered group training centre.].
means those areas defined as 'Area Eastern Cape'.
means those areas defined as 'Area Free State & Northern Cape'.
means those areas defined as 'Area Highveld'.
means the areas defined as 'Area KwaZulu-Natal'
means those areas defined as 'Area Northern Region'.
means those areas.defined as 'Area Western Cape'.
means a committee appointed as such by the Council in terms of its Constitution.
means the Republic of South Africa as defined in the Republic of South Africa Constitution Act 108 of 1996 as amended.
means the Skill Development Act 97 of 1998 as amended.
means—
| 1. | for the purposes of clause 13 (Returns to the Council) of this Agreement, a period of seven consecutive days commencing at midnight on a Sunday; |
| 2. | for the purposes of the remaining clauses of this Agreement , a period of seven consecutive days. |