| (1) | The terms of this Agreement shall be observed by all employers and employees in the registered scope of the Council; |
| (a) | in the Republic of South Africa, |
| (i) | by the employers and the employees in the Motor Industry who are members of the employers' organisations and/or the trade unions respectively; and |
| (ii) | by non-parties, to the extent that the Minister of Employment and Labour has granted an extension of this agreement to non- parties in terms of section 32 of the LRA. |
| (b) | excluding those in terms Section 2 of the LRA: |
| (i) | the National Defense Force; |
| (ii) | the National Intelligence Agency; and |
| (iii) | the South African Secret Service. |
| (2) | Notwithstanding the provisions of sub-clause (1), the provisions of this Agreement shall apply to— |
| (a) | apprentices only in so far as they are not inconsistent with the provisions of or any conditions fixed under the Skills Development Act, 1998, and learners in terms of Chapter IV of the Skills Development Act. No. 97 of 1998 as amended; and |
| (b) | trainees undergoing training under the Skills Development Act 97 of 1998 as amended only in so far as they are not inconsistent with the provisions of any conditions fixed under that Act. |
| (3) | National Wage Threshold: |
| (a) | Notwithstanding the provisions of sub-clauses (1) and (2), the provisions of the Agreement as set out in the Schedule to this sub-clause shall apply only to employees for as long as their weekly or monthly remuneration, excluding commission on sales, exceeds the National Wage Threshold as determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act. |
ADMINISTRATIVE AGREEMENT
| Clause 7 | Deductions from Earnings |
| Clause 15 | Employees' Representatives on the Council |
| Clause 16 | Prohibition of Cession of Benefits |
MAIN AGREEMENT - DIVISION A
| Clause 3.8 | Payment of Earnings |
| Clause 3.9 | Deductions from Earnings |
| Clause 3.12 | Commission Work |
| Clause 3.14 | Travelling Allowances |
| Clause 5.3 | Maternity Leave |
| Clause 5.4 | Other Parental Leave |
| Clause 7.1 | Termination of Service |
| Clause 7.3 | Retrenchment Pay |
| Clause 7.5 | Certificate of Service |
| Clause 9.3 | Damage and/or Loss of Property or Assets |
| Clause 9.6 | Public Holidays |
| (b) | Notwithstanding the provision of sub-clause (3)(a) of this clause or any other provisions to the contrary, employees earning in excess of the National Wage Threshold as determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act; |
| (c) | For the period from the date of implementation of the National Wage Threshold as determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act, excluding commission on sales, shall not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation. |
| (4) | Notwithstanding the provisions of sub-clause (3) of this clause, the provisions of clause 13 of the Administrative Agreement shall apply to employees who are members of the National Union of Metalworkers of South Africa or MISA, regardless of their earnings. |
| (5) | The provisions of clause 6.1(1) of this Division shall be applicable to all employees, excluding commission on sales, receiving up to— |
is the sum of the published National Wage Threshold divided by 52 or 53 (weeks), whichever is applicable;
is the sum of the published National Wage Threshold divided by 12 (months).
| (6) | Clause 1 of the Preamble and Clause 1(1)(a) of Division A, shall not apply to employers and employees who are not members of the employers' organisations and trade unions, respectively, to the extent that the Minister of Employment and Labour has not granted an extension of this agreement to non-parties in terms of Section 32 of the LRA |
