Labour Relations Act, 1995 (Act No. 66 of 1995) Notices South African Road Passenger Bargaining Council Extension to Non-Parties of the Main Collective Agreement 2. Definitions

 

Unless the context otherwise indicates, any expressions which are used in this Agreement and which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act and for the purposes of this Agreement an Employee shall be deemed to be in the job title in which he is wholly or mainly engaged; further, unless inconsistent with the context:

 

"Bargaining Council"

means the South African Road Passenger Bargaining Council (SARPBAC);

 

"Basic Wage"

means the amount of money payable to an Employee in respect  of  his/her ordinary hours of work;

 

"Bus"

means a power-driven vehicle intended to carry more than 16 persons, including the driver of the vehicle;

 

"Bus Rapid Transport"

means any undertaking or a part of an undertaking that provides scheduled bus rapid transit services (including features such as dedicated bus lanes, right of way alignment, off-board fare collection, intersection treatment, platform-level boarding, high quality bus stations, prominent brand identity, etc.) for reward to the public as its main business (60% or more).

 

"Clusters"

means the following modes of transport operating within the sector; Bus Rapid Transport, Commuter Transport, Commercial Transport and Intercity Transport.

 

"Commuter Transport"

means any undertaking or a part of an undertaking that provides conventional scheduled government subsidised road passenger transport for reward to the public at large as its main business (60% or more).

 

"Commercial Service Transport"

means any undertaking or a part of an undertaking that provides scheduled and ad hoe road passenger transport for reward to private passengers (such as employees of companies, scholars, organised parties, tourists and companies) in terms of a commercial contract concluded between the client and the undertaking, as its main business (60% or more).

 

"Day"

means the period of 24 hours from midnight to midnight. Provided that in the case of a member of the operating staff it shall mean a period of 24 consecutive hours calculated from the time the Employee commences work;

 

"Daily wage"

means an Employee's hourly wage multiplied by the Employee's ordinary hours of work in a day;

 

"Eligible Employee"

means an individual, other than an individual who is part of an Employer's Management, Supervisory or Management Support Staff, who works in the Road Passenger Transport Trade and who is in the permanent employ of an Employer.

 

"Employee"

for the purpose of this agreement means "Eligible Employee"

 

"Employer"

means an individual, company or organisation that employs or provides work for any person or employs an Eligible Employee in the Road Passenger Transport Trade;

 

"Hourly Rate"

means an Employee's hourly rate of pay;

 

"Intercity Transport"

means any undertaking or a part of an undertaking that provides scheduled road passenger transport for reward to the public at large between cities within South Africa and neighbouring countries in terms of a commercial contract concluded between individual passengers and the undertaking as its main business (60% or more).

 

"Job Title"

means the position occupied by an Employee within an Employer's organisation;

 

"Management Staff"

mean those individuals who are responsible for the management of the business or a division, department, depot, section or workshop within such a business. Business owners, directors and/or persons holding positions of assistant manager, or any more senior position within an Employer's staff structure, fall within the definition of this category of staff;

 

"Management Support Staff"

means those individuals' providing support services within a business. Individuals involved in the auditing, accounting, personnel administration, payroll, recruitment, welfare, public relations, secretarial and/or information technology functions as well as those with insurance claim processing, disciplinary activities or security services (other than individuals working as security guards) fall within the definition of this category of staff;

 

"Minimum Hourly Rate"

means the minimum basic hourly rate of pay applicable to a specific job as reflected in "Annexure A";

 

"Monthly wage"

means an Employee's Weekly Wage multiplied by 52 and divided by 12;

 

"Operating Staff"

means a  bus driver, bus driver-conductor, checker/regulator, conductor, dispatcher/transport officer, inspector, point controller, clip card seller, ticket office Employee, senior inspector, senior dispatcher/transport officer, senior checker/regulator;

 

"Ordinary Hours of Work"

means the hours of work prescribed in clause 6 or if by agreement between Employer and his Employee the latter works a lesser number of hours, such shorter hours, and includes:

 

"Overtime"

means that portion of any period worked by an Employee during any week or on any day which is longer than his weekly or daily ordinary hours of work, as the case may be, but does not include any period during which an Employee works for his Employer on a paid holiday, on his weekly day off as referred to in Clause 6.5 of this Agreement, or on a Sunday;

 

"Paid Holiday"

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, Day of Goodwill and any other day declared to be a paid public holiday in terms of the Public Holidays Act No. 36 of 1994;

 

"Registration"

means Registration by companies or Employers falling within the Road Passenger Transport Trade as defined in this agreement of the particulars (name, employee number and identity number) of all Eligible Employees with SARPBAC as required by the Department of Employment and Labour.

 

"Retirement Fund"

shall mean a fund established in terms of the Pension Funds Act no 24 of 1956;

 

"Short-time"

means a temporary reduction in the number of ordinary hours of work owing to slackness in trade, inability to operate normal services, a breakdown of plant, machinery, a bus or buses or a breakdown or threatened breakdown of buildings;

 

"Spread-over"

means the period in any day from the time an Employee commences work until he ceases work for that day;

 

"Subsidised Contract"

means a contract between an Employer and government in terms of which the Employer receives a subsidy in return for rendering prescribed services and is liable for the payment of penalties for non-performance.

 

"Supervisory Staff"

means those individuals' exercising supervisory control and who are responsible for the activities and/or work performance of Employees falling within the ambit of such control. Individuals occupying a position such as assistant manager or higher in the administration function, charge hand or higher in the engineering function, chief inspector or higher in the traffic function, chief operator or higher in the traffic control function or assistant chief ticket office clerk or higher in the revenue receiving function fall within the definition of this category of staff;

 

"Terminally Ill Employee"

means a permanent Employee who has been diagnosed by a company appointed and/or approved certified specialist physician as suffering from a terminal disease;

 

"Week"

in relation to an Employee, means the period of seven days within which the working week of the Employee ordinarily falls.

 

"Weekly wage"

means an Employee's hourly rate multiplied by the ordinary hours worked in a week.