Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties3. Definitions |
Any expression used in this Agreement which is defined in the Labour Relations Act 66 of 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context—
means the Labour Relations Act, 1995 (Act No.66 of 1995) and the Pension Funds Act, 1956, as amended, and the regulations made in terms of that act.
shall mean the actuary appointed in terms of the rules of the fund.
shall mean ALEXANDER FORBES FINANCIAL SERVICES, a division of Alexander Forbes Group (Pty) Ltd, appointed in terms of the rules.
shall mean a pension fund, other than a Preservation Pension Fund, approved as such by the Revenue Authorities for the purposes of rules of the fund.
shall mean a provident fund, other than a Preservation Provident Fund, approved as such by the Revenue Authorities for the purposes of these rules.
shall mean a provident fund, other than a retirement Annuity Fund, approved as such by the Revenue Authorities for the purposes of these rules.
shall mean the Auditor appointed in terms of the rules of the fund.
shall mean all the employees falling within the Task Grades 1 to 9 as per Appendix D of the BCCEI Wage and Task Grade Collective Agreement.
shall mean the date on which the Administrators, acting in terms of the agreed practice of the Fund, calculate the Member's benefit on the Members retirement, death or his leaving Service in terms of Rule 7 of the fund, or in order to transfer the Member's benefit from the Fund in any of the circumstances contemplated in the rules.
means work performed outside the borders of the Republic of South Africa.
shall mean an employee who:—
| (i) | is employed on the permanent staff of the Employer; |
| (ii) | is under the age of 60 years, and |
| (iii) | is not a member of a fund providing retirement benefits which was set up in terms of an agreement under the Labour Relations Act, 66/1995 or in terms of a collective agreement concluded in the civil engineering bargaining council in terms of the Labour relations Act (Act 66/1995) |
means any person whosoever, including a temporary employment service as defined in clause 198(1) of the Act, who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person whosoever in any manner to assist him in the carrying on or conducting of his business;
If the business of an employer is wound up for the purpose of reconstruction in a similar or amended form, the reconstructed organisation shall take the place of that Employer and the term 'Employer' in such case shall then mean the Employer as reconstructed.
shall mean the twelve month period ending on 31 October.
shall mean the CONSTRUCTION INDUSTRY RETIREMENT BENEFIT FUND.
shall mean for each Member at any particular date the accumulated value of:—
| (i) | that part of the contributions made by the Employer in terms of Rule 4.2.1 that is applied towards retirement funding in terms of Rule 4.2.2(b) |
| (ii) | the Member's contributions received by the Fund in terms of Rule 4.1.1 |
| (iii) | such additional contributions (if any) as the Member may make and/or the Employer may make in respect of the Member in terms of Rule 4.3 |
| (iv) | any amount transferred to the Fund in terms of Rule 9.1 increased or decreased by the Investment Return until the Calculation Date. |
shall mean the Members basic hourly paid remuneration/weekly/monthly salary, excluding any overtime, bonuses or allowances; provided that:
| (i) | for the purpose of the Fund, Fund salary shall be determined on the first day of each month of membership of the fund; and |
| (ii) | if the amount on which a Member's Fund Salary is based is reduced at any time then. Subject to the agreement of the Member, his Employer may direct that, for the purposes of the Fund, the reduction shall not be applied in the calculation of the Member's Fund Salary or shall be applied only partially. |
means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;
shall mean any income (received or accrued) including, if applicable, interest payable by the Employer in terms of Rule 4.1.3 and Rule 4.2.4, and capital gains and losses (realised and unrealised) of the Fund, less an allowance for any tax and such expenses (paid or accrued) as may be determined by the Trustees; provided that
| (i) | such Investment Return may be positive or negative; |
| (ii) | the Investment Return shall be allocated to each Member's Fund Credit on such equitable basis as the Trustees in their absolute discretion, in consultation with the Actuary and in accordance with the agreed practice of the Fund, may determine from time to time; and |
| (iii) | where a Member's Fund Credit is, and/or contributions paid by or in respect of a Member are, invested in a selected portfolio or portfolios, the Investment Return relating to such Members investment within each portfolio shall be allocated to such Member's benefit within the portfolio. |
includes the common law;
means an employer may employ an employee for a specified, limited contract period in terms of an activity or duration.
means a "Municipality" as defined in the Local Government: Municipal Systems Act; 2000;
shall mean an Eligible Employee who, having been admitted to membership of the Fund accordance with these Rules, has not ceased to be a Member in terms of these Rules.
shall mean the form at which negotiations occur between SAFCEC and the recognised Trade Unions.
shall mean the last day of the month in which a Member reaches age 60 years.
shall mean an official of a Recognised Trade Union or SAFCEC.
shall mean the date on which the Employers participation in the Fund commences.
means the time that an employee works during a day, or a week, in excess of the ordinary hours of work prescribed for such employee,but does not include work performed on a Sunday or a paid public holiday;
means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);
means payment of remuneration in cash, electronic transfer, by cheque or by other means;
means any employee who is not an employee employed in terms of a limited duration
contract;
means any system under which an employee's remuneration is based on the quantity of work done;
shall mean an Approved Provident Fund or Approved Pension Fund in which any of the Employers participate or in which a previous Employer participated and from which a Member or a group of Members transferred in accordance with the provisions of Section 14 of the Act.
shall mean an Approved Pension Fund recognised as a preservation fund, subject to the conditions set out by the Revenue Authorities from time to time.
shall mean an Approved Provident Fund recognised as a preservation fund, subject to the conditions set out by the Revenue Authorities from time to time.
shall mean the Principal Officer of the Fund appointed in accordance with the rules of the Fund;
means New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill, as specified in Schedule 1 of the Public Holidays Act, 1994 (Act 36 of 1994):These shall include every day proclaimed as a public holiday in terms of Section 2A of the aforesaid Act. Provided that whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday;
shall mean the Building Construction and Allied Workers Union (BCAWU) and the National union of Mineworkers (NUM)
shall mean an insurer registered in terms of the Long-term insurance Act, 1998.
shall mean the Registrar of Pension Funds referred to in the Act, 1956.
shall mean the South African Revenue Services.
shall mean these Rules and such alterations as may at any time be applicable;
shall mean the South African Forum of Civil Engineering Contractors.
means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly-rated employee".
shall mean employment with any of the Employers and shall include any period during which the Member is deemed to remain in Service in terms of Rule 8. Service shall include any past period of employment before joining the Service in respect of which benefits have been transferred to the Fund in terms of Rule 9.1 or in respect of which additional contributions have been made to the Fund in terms of Rule 4.3, the period of past service to be reckoned as Service for the purposes of the Fund shall in respect of an amount transferred to the fund be the relevant pensionable Service earned in respect of such amount, and in respect of additional contributions made to the Fund by either the Member or Employer in each twelve month period ending on the last day of February, bears to the total contributions made to the Fund for the same period by the Member of Employer, as the case may be.
means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employer's ability to provide work;
means the amount of money payable to an employee in respect of the ordinary hours of work. Provided that—
| (i) | if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed for Task Grades 1 to 9 as per Appendix D of the BCCEI Wage and Task Grade Collective Agreement, it means such higher amount; |
| (ii) | the first proviso shall not be so construed as to refer to or include any remuneration which an employee who is employed on any basis and receives over and above the amount which the employee would have received had he or she not been employed on such a basis. |
shall mean the Trustees or their alternates appointed or elected in terms of the rules of the Fund;
means the industry in which employers (other than local authorities) and employees are associated for the purpose of carrying out work of a civil engineering character and includes such work in connection with one or more of the following activities:
| (i) | The construction of aerodrome runways or aprons; aqueducts; bins or bunkers; bridges; cable ducts; caissons; rafts or other marine structures; canals; cooling, water or other towers; dams; docks; harbors; quays or wharves; earthworks; encasements; housings or supports for plant, machinery or equipment; factory or works chimneys; filter beds; land or sea defense works; mine headgear; pipelines; piers; railways; reservoirs; river works; roads or streets; sewerage works; sewers; shafts or tunnels; silos; sports fields or grounds; swimming baths; viaducts or water treatment plants; excavation work or the construction of foundations, lift shafts, piling, retaining walls, stairwells, underground parking garages or other underground structures; |
| (ii) | Excavation and bulk earthworks; bush clearing and de-stumping; topsoil stripping; drilling and blasting; preparation of bench areas, drilling pre-split holes and blast holes, grade control drilling and sampling; redrilling of holes, blasting and/or cast blasting ; secondary blasting; loading, hauling and dumping of mineralized and/or waste material to waste dumps or processing plant feed (ROM Pad) stockpiles; production dozing of top soil, inter burden or waste material; pumping and dewatering of storm and/or contaminated water, construction and maintenance of; access and haul roads; ramps; waste and processing plant feed (ROM Pad) areas; safety beams; high walls; benches; storm water systems, catch drains, bund walls, surge dams, trimming, scaling or chain dragging of batters, heap-leach pads, tailings dams; dust suppression of loading areas, haul roads and dumping areas; rehabilitation of earth work areas or waste dumps; topsoil spreading, hydro- seeding and watering and/or |
| (iii) | Excavation work or the construction of foundations, lift shafts, piling, retaining walls, stairwells, underground parking garages or other underground structures; and/or |
| (iv) | The asphalting, concreting, gravelling, leveling or paving of parking areas, pavements, roads, streets, aerodrome runways or aprons, premises or sites; and further includes— |
| (a) | Any work of a similar nature or work it .3idental to or consequent on any of the aforesaid activities; and/or |
| (b) | The making, repairing, checking or overhauling of tools, vehicles, plant, machinery or equipment in workshops which are conducted by employers engaged in any of the activities referred to in subclauses (i) to (iv) inclusive |
Excluding the following:
| (aa) | Work in connection with any one or more of the activities specified in subclause (2.1.3) where such work, when undertaken in connection with the erection of structures having the general character of buildings and irrespective of whether or not such work involves problems of a civil engineering character, is carried out by the employers erecting such structures; |
| (bb) | Work in connection with any one or more of the activities specified in subclause (2.1.3) when undertaken as an incidental operation in connection with the erection of structures having the general character of buildings or when undertaken by the employers erecting such structures; |
| (cc) | Any work falling within the scope of any other industry, and |
| (dd) | The Mining Industry which is defined as the industry where employers and employees are associated for the purpose, directly or indirectly, for the winning, extracting, processing and refining of a mineral in, on or under the earth or water or from any residue stockpile or residue deposit. |