Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Motor Industry Bargaining Council  (MIBCO) Extension to Non-Parties of the Main Collective Agreement Division A Clause 2: Definitions Definitions (D - F)

 

"diesel pump room assistant"

grade 5 employee) (Division C, Chapter I, Clause 3 (4)) means an employee engaged mainly or exclusively on—

assembling injectors, excluding calibrating;

lapping nozzles by hand and/or manual machine;

placing pumps onto test benches and removing them;

stripping and cleaning fuel pumps, injectors and turbochargers;

[Note - The number of diesel pump room assistants that may be employed in any one establishment is governed by the ratio provisions of clause 3 of Chapters I and IV of Division C of this Agreement];

 

"driver motorcycle and/or scooter"

(Grade 2 employee) (All Chapters) means an employee who mainly or exclusively drives motorcycles and/or scooters;

 

"driver light vehicle"

(Grade 3 employee) (All Chapters) means an employee who mainly or exclusively drives motor vehicles with a gross vehicle mass of up to 3 500 kg, including forklifts and tractors;

 

"driver heavy vehicle"

(Grade 5 employee) (All Chapters) means an employee who mainly or exclusively drives motor vehicles with a gross vehicle mass of over 3 500 kg;

 

"earnings"

means any payment made or owing to any employee (including all allowances and/or commission) that arises in any manner whatsoever out of his employment;

 

"emergency work"

means work—

 

"employee"

means any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person.

 

"employer"

means any person who employs or provides work for any person and remunerates that person or expressly undertakes to remunerate him, but excludes a labour broker and defined in Section I(1) of the LRA.

 

"establishment"

means any premises or part thereof wherein or whereon the Industry, or any part thereof, as defined in this Agreement, is carried on;

 

"Exemption Board"

means the Board establishment by the Council in terms of section 32 of the Act, to consider appeals from non-parties against a refusal of a non-party's application for exemption from the provisions of this Agreement and the withdrawal of such an exemption by the Council;

 

"exempted journeyman"

(grade 7 employee) (Chapter II) means an employee who is employed in a registered vehicle body building establishment and who is engaged mainly or exclusively on aspects of journeyman"s work under licence of exemption;

 

"experiential student"

means an employee employed by a workshop in order to provide him with experiential learning; provided—

 

"filling and/or service station"

means an establishment or that part of an establishment used mainly or exclusively for the retail sale of fuel and/or oil and/or for the lubricating and/or washing and/or polishing of motor vehicles including ancillary activities forming part of a filling station linked to the convenience store environment inclusive of the preparing, serving and selling of food/beverages to customers but excluding activities of separately registered establishments whose sole activities relates to the restaurant, tea room and catering environment;

 

"forecourt attendant"

(grade 1 employee) (Chapter I) means an employee who in a filling and/or service station mainly or exclusively performs any of the following duties:

Attending to the parking of vehicles;

checking for oil leaks, but only during the process of oiling and greasing;

compiling oil sheets for vehicles which are to be lubricated;

connecting and disconnecting batteries;

draining oil sumps;

dusting vehicles;

filling batteries in connection with charging operations, bottles or other containers for stock;

differentials, fuel tanks, gear boxes, master cylinders, oil sumps, radiators and steering boxes;

filling in, by brush, with ready mixed paint small chip marks or scratches on vehicle bodies;

fitting, removing and/or replacing batteries, grease nipples, tyres, tubes, rims and road wheels;

handling money;

inflating tyres and tubes;

issuing parking tickets;

lowering and/or raising motor vehicles by jack or hoist;

maintaining oil stock records at grease hoists;

making and serving tea or similar beverages;

oiling and greasing of motor vehicles or parts thereof;

operating credit card machines for the sale of petrol, lubricants and fuels;

painting battery cradles, rims, tyres and road wheels;

polishing motor vehicles;

receiving money from customers and giving change;

removing air, fuel and oil filters of the screw-on-screw-off types;

repairing punctures, including the fitting and reseating of tyre or inner tube valves;

selling anthracite, braai wood, charcoal, oil, fuel, beverages, food and/or LP gas in sealed containers;

tightening bolts and studs on differentials, sumps and transmissions when necessary, but only during the process of oiling and greasing;

washing motor vehicles;

waxing of motor vehicles, vacuum cleaning vehicles on the forecourt and general cleaning duties on the forecourt such as washing, cleaning and scrubbing driveways, toilets, pump islands, petrol pumps and other equipment;

 

"foreign national"

means an individual who is not a South African citizen or does not have a permanent residence permit issued in terms of the Immigration Act, 2002, as amended  (Act No. 13 of 2002), as amended;