Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Fishing Industry Extension to Non-parties of the Main Collective Agreement Section l : General Part C : Definitions 7. General Definitions

 

Unless otherwise indicated the word—

 

shall mean the Labour Relations Act 66 of 1995 as amended.

 

shall mean the Basic Daily Rate of pay for the rank in which the employee is signed on the vessel as per individual existing plant level agreements.

 

shall mean any day of the week including Saturdays and Sundays starting at midnight each Day.

 

shall mean the amount payable to the employee for fish landed multiplied by the Unit Ton, where applicable, and the Commission rate for the rank in which the employee is signed on the vessel. The Commission rates are as per the rates in existing individual plant level agreements.

 

shall mean a period of twenty-four (24) hours measured from when an employee starts work.

 

shall mean the same as defined in The Act, as read with clause 5 above, despite the period or manner of employment.

 

shall mean any form of marine life used as food for human consumption, landed in acceptable condition and quality as laid down by the employer's standard quality control regulations.

 

shall for the purpose of this agreement hold the same meaning as defined in the Bargaining Council's Constitution as follows:

"Fishing Industry"

means the Industry in which employers and employees are associated for the purposes of legally exploiting in respect of the Marine Living Resources Act, No 18 of 1998, any form of marine living resource by searching, catching, taking or harvesting, farming, growing, the procuring and processing of fish, for financial gain, by Deep-Sea Bottom Trawling, In-shore Bottom Trawling and Mid-Water Trawling.

 

"Deep-Sea Bottom Trawling"

means the fishing operations at sea in which the employers and their employees are associated for the purpose of Deep-Sea Bottom Trawling by way of a net for fin fish species outside a five nautical mile perimeter west of twenty degrees east longitude and outside the hundred- and ten meters isobaths east of twenty degrees east longitude.

 

"In-Shore Bottom Trawling"

means the fishing operations at sea in which the employers and their employees are associated for the purpose of Bottom Trawling within the hundred-and-ten meters isobaths.

 

"Mid-Water Trawling"

means fishing for Horse Mackerel with any net which can be dragged by a fishing vessel along any depth between the bed and the surface of the sea without continuously touching the bottom.

 

"Processing of Fish"

for the purposes of this definition means the activities undertaken on any vehicle or vessel at sea, where any substance or article is produced from any form of marine living resources by any method, including but not limited to the work of cutting up, dismembering, separating parts of, cleaning and sorting, lining and preserving thereof or where any form of marine living resources are packed, dried, gutted, salted, iced, chilled, frozen or otherwise processed for sale.

 

shall mean any port of fishing harbour in the Republic of South Africa in which the employee was engaged.

 

shall be when the employer cannot provide employees with work and they are temporarily placed on forced unpaid absence.

 

shall mean the vessel on which the employee has signed the articles.

 

shall mean all public holidays declared in terms of the Public Holidays Act no 36 of 1994 as amended from time to time, excluding the arrangement of public holiday that coincides with a Sunday.

 

shall mean the sum of all monies received by the employee from the employer which includes but is not limited to—

 

shall mean the South African Maritime Safety Authority.

 

shall for the purpose of this agreement hold the same meaning as "notice" and which is defined in the Bargaining Council's Constitution to mean where notice was given by—

 

shall mean the number of leave days due in terms of subclause 17.2 below.

 

shall mean a Labour Broker in layman terms and regulated in terms of section 198 of in The Act

 

shall mean the metric tonne of a thousand (1 000) kilograms.

 

shall mean a fishing vessel irrespective of size or method of propulsion, which is employed in the catching of fish by way of trawling.

 

shall mean the period between the times of sailing from and docking in a port.

 

shall mean the tonnes of fish as per landing report converted by the factors for each size, species as defined by the employer and agreed to by the representative trade union, where applicable.

 

shall mean the number of days at sea plus the number of days Shore Leave related to one or more Trips with short turnarounds, where a turnaround shall refer a situation where the a vessel docks and/or offloads and goes to sea again without a delay on another trip.

 

shall mean any of or combination of the following:—