| (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 has granted an extension of this agreement to non-parties in terms of section 32 of the LRA. |
| (iii) | by all employees in grades 1 to 6 in the Motor Industry and by their employers In the Motor Industry. |
| (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 not apply to— |
| (a) | grades 1 to 6 employees who are members of the Motor Industry Provident Fund until such time as the parties agree that they are transferred to the Auto Workers' Provident Fund; |
| (b) | any employee who has been granted a retirement benefit by any fund which provides for such benefits; |
| (c) | employees in respect of whom their employer contributes, and for as long as their employer so contributes, to a pension fund/provident fund which was in operation on the date of coming Into operation of this Agreement and which, In the opinion of the Council, provides benefits not less favorable than those provided by the Fund; and |
| (d) | any fixed term and/or probationary employee for six months from the date on which he begins employment in the Motor Industry; provided that any employer may In his discretion waive this exclusion. |
| (3) | 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, for the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2025; the amount equal to the National Wage Threshold published in the Basic Conditions of Employment Act. |
| (4) | The provisions of clause 6.1(1) of this MIBCO Main Agreement shall be applicable to all employees, excluding commission on sales, receiving upto— |
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);
| (5) | Clause 1 of the Preamble and Clause 1(1)(a) of Division A in the MIBCO Main Agreement, 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. |
