Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Building Industry, Cape of Good Hope Extension to Non-parties of the Main Consolidated Collective Agreement Chapter One: Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions 5A. General Definitions

 

"Act"

means the Labour Relations Act 66 of 1995.

 

"Alternative building systems"

including all alternative building systems utilized for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures. These systems include, but are not limited to the following type of activities:

 

"Apprenticeship"

means a Learner/Apprentice registered with the Construction SETA as an apprentice.

 

"Area A"

means the Magisterial Districts of Bellville, Goodwood, Kuils River, Mitchells Plain, Simonstown, Somerset West, Strand, The Cape, Wynberg.

 

"Area B"

means the Magisterial Districts of Paarl, Stellenbosch, and Wellington.

 

"Area C"

means the Magisterial District of Malmesbury.

 

"Area D"

means the Municipal area of Overstrand.

 

"Asphalting"

includes covering floors or flat and/or sloping roofs, waterproofing or damp-proofing basements or foundations, whether or not with prepared roll roofing or asphalt sheeting having glazed or unglazed surfaces, whether or not using tar, macadam, or any other type of solid or semi-solid asphalt, mastic or emulsified asphalt or bitumen's, applied either hot or cold to such roofs, floors, basements or foundations;

 

"BIBC"

means "the Building Industry Bargaining Council (Cape of Good Hope)"

 

"Block"

means a walling unit of which the face dimensions exceed either 300mm in length or 150mm in height.

 

"Bricklaying"

includes concreting and fixing glass bricks, concrete blocks, slabs or plates, tiling walls and floors, jointing brickwork, pointing, paving, mosaic work, facing work in slate, in marble and in composition, drain laying, slating, roof tiling, cement-caulking earthenware pipes, bituminous work, asphalting and sheeting, and the erecting of prefabricated concrete structures or garden walls and/or boundary walls with posts or slabs;

 

"Building Industry" or "Industry"

means, subject to the provisions of any demarcation determination made in terms of section 76 of the Labour Relations Act, 1956, and without in any way limiting the ordinary meaning of the expression, the industry in which employers and their employees are associated for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures and/or making articles for use in the erection, completion or alteration of buildings or structures, whether the work is performed, the material is prepared or the necessary articles are made on the sites of the buildings or structures or elsewhere: Provided that such manufacturing activities shall be limited to the specific manufacturing activities that are mentioned in the definitions of the trades and occupations, and shall further be limited to the carrying out of such activities by an employer who is associated with his employees for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures for use by him in the conducting of building work, and includes all work executed or carried out by persons therein who are engaged in the following trades or subdivisions thereof, including excavations and the preparation of sites for buildings as well as the demolition of buildings, unless such demolitions were not carried out for the purpose of preparing the sites for building operations but does not include clerical employees and administrative staff, nor the wiring of or installation in buildings of lighting, heating or other permanent electrical fixtures, and the installation, maintenance or repair of lifts in the buildings;

 

"Concrete work"

includes the supervision of concrete being placed in situ and levelling the surfaces thereof;

 

"Contractors"

means a person or firm that undertakes a contract to provide materials or labour to perform a service or do a job.

 

 

 

 

"Continuous employment"

means any period during which an employee has been continuously employed by the same employer, and for this purpose periods of employment with the same employer broken by not more than 60 days from date of termination of employment to re-engagement of the employee owing to the discharge or retrenchment of the employee by the employer shall be deemed to be continuous service;

 

"Council"

means the Building Industry Bargaining Council (Cape of Good Hope), registered in terms of section 29 of the Act;

 

"Employee"

means any person, who works for or renders services to any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors are present;

 

Excluded from the definition of Employee are:

 

 

 

"Employer"

means any person, including an independent contractor, who employs or provides work to any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person in any manner to assist him in the carrying on or conducting of his business; including ensuring registration with the BIBC of sub-contractor and their respective sub-contractors and includes any person who carries on an associated or related activity or business by or through an employer if the intent or effect of their doing so is or has been to directly or indirectly defeat the purposes of this Agreement.

 

"Fixed-term contract"

means a contract terminating on a special date stipulated in the contract;

 

"Floor laying and wall covering"

includes laying and fixing of floors of wood, mosaic, composition, rubber or any other material; sandpapering of same, and the fixing of all types of flooring or wall coverings in tile or sheets, including resilient flooring, linoleum, inlaid linoleum, althoid, asphalt tiles or asphalt-based materials, cork, rubber, carpeting, vinyl and plastic compositions; supervision of artisan's assistants engaged on floor laying and floor and wall covering.

 

"French polishing"

includes polishing with a brush or pad and spraying with any composition.

 

"General fund"

means Council funds excluding Sick Fund, Medical Aid Fund, Tool Fund, Pension Scheme and Provident Fund, Holiday Fund, and Bonus Funds.

 

"Glazing"

includes the cutting and/or fixing of all kinds of glass or other like products into the rebates formed in wooden or metal doors, windows, frames or like fixtures, and all operations incidental thereto;

 

"Industrial action"

means any action contemplated in terms of the definition of "strike" and "lockout", respectively, in the Act;

 

"Joinery"

includes the fixing of all wooden fittings and the manufacture of all articles of joinery incidental to such fittings, whether or not the fixing in the building or structure is done by the person making or preparing the article used, including cupboards, kitchen dressers or other kitchen fixtures which accrue to the building as a permanent part thereof;

 

"Masonry"

includes stone masonry, stone-cutting and building (also the cutting and building of ornamental and monumental stonework), concreting and fixing or building pre-cast or artificial stone or marble, paving, mosaic work, pointing, wall and floor tiling, operating a portable spinner and flexible cutting, finishing and other stone working machine, stone-polishing machinery, and sharpening mason's tools and drawing, designing and setting out of letters and enrichments; cutting and carving of letters by hand and pneumatic hammer; final surfacing and finishing of the material whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

"Mass-manufacturing section"

means that section of the building industry in which activities are carried out in connection with the mass-manufacturing in off-site workshops, using repetitive processes of articles and/or component parts for articles and/or the assembly of articles which are manufactured for use in the erection, completion,renovation, repair, maintenance or alteration of building or structures and include all work executed or carried out by persons in such workshops, excluding clerical employees and administrative staff, who are engaged in the mass manufacture and/or assembly of roof trusses, laminated beams, mouldings, skirting boards, panelling, ceiling boards, hollowcore floor panels, cantilevers, lintels, precast staircases, floor blocks, building blocks, including those manufactured from alternative materials, windows / doors / window frames and door frames made of wood, aluminium or other material, kitchen cupboards and other kitchen fittings, partitioning, shop, office and bank fittings and other fixtures which are built in and/or affixed to buildings and structures. This section includes the manufacture of wooden components which includes but is not limited to the cutting and edging of chipboard, laminating chipboard with melamine, or any other type of laminate, the manufacture of post form tops which include, but is not limited to the cutting and edging thereof with melamine.

 

"Metal work"

includes aluminium and includes the fixing of steel ceilings, metal windows, metal doors, builder's smith work, metal frames and metal stairs and architectural metal work, together with the manufacture and/or fixing of drawn metal and sheet and extruded metal,whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

"Monumental Masonry Industry"

means the Industry in which employers and employees are associated for the purpose of making and erecting gravestones and cemetery memorials of all types.

 

"Normal working hours"

means the number of hours that a particular employer has contracted with an employee to be worked on any normal working day, but excluding all overtime hours worked on any day;

 

"Normal working day"

means any day that a particular employer has contracted with an employee to be a normal working day including public holidays that fall on a normal working day, but excludes all other days that do not fall on a normal working day, that are to be remunerated at overtime rate of pay;

 

"Off-site workshop"

means any premises which is not situated on a site where building construction activities are being carried out and which are registered or are liable for registration as a 'factory' in terms of the provisions of the Occupational Health and Safety Act 85 of 1993 as amended, and on which any activities in connection with the mass-manufacturing of the building industry, using woodworking machines including, but not limited to, portable electric and/or pneumatic tools, are being carried out.

 

"Painting"

includes decoration, paperhanging, glazing, distempering, lime and colour washing, staining, varnishing, graining, marbling, spraying, wall decoration, applying primer and undercoat, enamelling, gilding, lining, stencilling, wax polishing, and woodwork preservation, using rope access to apply paint and which also includes paint removal, scraping, washing and cleaning painted or distempered walls and washing and cleaning woodwork when such removal, scraping, washing and cleaning are preparatory to any of the said processes;

 

"Paving"

means a surface that is constructed by manual or mechanical means utilising pre-manufactured segmental, slab, brick, block or cobble units laid to form a hard surfacing. Areas of application shall be deemed to include all sites requiring such surfacing.  This includes, but is not limited to, parking areas, pavements, driveways, pool surrounds, patios, roads and forecourts.

 

"Period determined by the Council"

means a period prescribed to be not later than the 7th day of each month in respect of every employee employed by the employer during the preceding month;

 

"Plastering"

includes moulding, mould-making, facing casts to moulds, making and fixing plaster board ceilings and fibrous plaster or other compositions, granolithic, terrazzo and composition floor-laying, composition wall covering and polishing, operating a portable spinner and flexible cutting and finishing machine, pre-cast or artificial stone work, wall and floor tiling or cladding, paving and mosaic work, metal lathing, acoustic spraying and all processes incidental to the completion of ceilings and walls, whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

"Plumbing"

includes brazing and welding, lead burning, gas fitting, sanitary and domestic engineering, drain laying, caulking, ventilating, heating, hot and cold water fitting, fire prevention installation and the manufacture and fitting of all sheet metal work, whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

"Principal"

means the most important or senior person in an organisation or group.

 

"Scaffold"

means any structure of framework used for the support of persons.equipment and material in elevated positions in connection with building or excavation work.

 

"Shop, office and bank fitting"

includes the manufacture and/or fixing of shop fronts, window enclosures, showcases, counters, screens and interior fittings and fixtures;

 

"Skills and Education Trust"

means the MBAWC Skills and Education Trust, trust deed number IT1029/2001;

 

"Skilled worker"

means a worker who has special skill, training or knowledge which they can then apply to their work. A skilled worker may have attended a college, university, or technical school. Alternatively, a skilled worker may have learned their skills on the job.

 

"Steel construction"

includes the fixing of metal or steel roof sheeting and/or wall cladding, all classes of steel or other metal columns, girders, steel joints or metal in any form which forms part of a building: Provided that the on-site assembly, placing and fixing in position and erection of the metal or steel framework (excluding metal or steel roof sheeting and/or wall cladding) that is to form part of a building shall be excluded from this definition when such activities are carried out by the employees of an employer Who manufactures such metal or steel framework;

 

"Steel reinforcing"

includes the making and erecting of shuttering and supervising the bending, placing, and fixing in position of steel;

 

"Structure"

includes walls, boundary, garden and retaining walls and monuments.

 

"Temporary employment service"

or Labour Broker means any person who, for reward, procures for or provides to a person (hereinafter referred to as the 'client') other persons—

 

"Wage"

means the basic wage prescribed in terms of clause 18 of this Agreement in respect of the ordinary hours laid down in clause 19.

 

"Woodworking"

includes carpentry and veneer panelling and the polishing and sandpapering of same, woodworking, the manufacture of fixtures to specification for installation in specified buildings and the manufacture of stocks, machining,turning,carving.fixing corrugated iron or asbestos tile,shingling and other roof coverings, sound and acoustic material, cork and asbestos insulation, wood-lathing, composition ceiling and wall covering, plugging walls, covering woodwork with metal and covering metal with woodwork, block and other flooring, including wood, linoleum, rubber composition, asphalt-based floor covering or cork, and the sandpapering of same, operating a of portable spinner and flexible cutting, finishing and polishing machine, shuttering and/or preparing forms of moulds for concrete, cork carpeting and any class or kind of linoleum when fixed in any building or structure, and the application of asphaltic saturated felt or fabrics to floors and/or walls and/or roofs, whether or not the fixing in the building or structure is done by the person making or preparing the article used. For the purposes of this definition "structure" means structure in the nature of, or incidental to, a building;

 

"Working directors"

means the director of a private company who is actively engaged in conducting the affairs of the business.

 

"Working members of close corporations"

means the owners of a closed corporation who are the members of the company. Members have a membership interest in the closed corporation and work in/for the business.

 

"Working partners"

means an individual who is a partner of the business and is actively engaged in conducting the affairs of the business.