Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South AfricaExtension of National Pension and Provident Funds Collective Agreement to Non-parties1. Scope of Application |
| (1) | The terms of this Agreement shall be observed— |
| (a) | by all employers and employees in the Electrical Industry who are members of the employers' organisation and the trade union, respectively, |
| (b) | and who are engaged or employed in the Industry. |
| (c) | throughout the whole of the Republic of South Africa, excluding the Magisterial District of Kimberley, within a radius of 20 kilometres from the General Post Office, Kimberley. |
| (2) | Notwithstanding the provisions of sub-clause 1(1), the terms of this Agreement shall apply to apprentices only in so far as they are not inconsistent with the provisions of the Skills Development Act, 1998, or any conditions prescribed, or any notices served in terms thereof. |
| (3) | For the purposes of this Agreement, the "rate of remuneration" of learners prescribed under the Skills Development Act, 1998, shall be taken to be the weekly wage of such employees, and the "hourly rate" shall be the weekly wage calculated as above, divided by the number of ordinary hours worked in the establishment concerned. |
| (4) | Notwithstanding the provisions of sub-clause (1), the terms of this Agreement shall— |
| (a) | apply to employees engaged by employers in the categories specified in clause 8(4), 9(3)(a) and 10(3)(a) of this Agreement as may be amended from time to time; and |
| (b) | not apply to any employee who at the date of coming into operation of this Agreement is, or thereafter becomes, a participant in or a member of any other electrical contracting industry fund providing benefits, which fund was in existence on the said date and in which the employer of that employee was on the said date a participant, or to the employer of that employee during such period only as such other fund continues to operate and both employer and employee participate therein, and upon application for exemption, if in the opinion of the Council the benefits of such other fund are, on the whole, not less favorable than the benefits provided by this Fund: and which in respect of the pension/provident funds, provides solely for payment of benefits on death in which case such fund shalt not be deemed to be a pension or provident fund for purposes of this agreement. |
| (5) | In the event of the expiry of the Main Agreement by the effluxion of time or cessation for any other cause during the currency of this agreement the classes of work and minimum rates of pay prescribed in the said main agreement shall be deemed to be the classes of work and minimum rates of pay for purposes of this Agreement. |
| (6) | The following categories are also excluded: |
| (i) | Working employers |
| (ii) | Administrative staff - Non-Electrical Workers |
| (iii) | Managerial Employees |