Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Motor Industry Bargaining Council (MIBCO) The Autoworkers Provident Fund Agreement Extension to non-parties of the Autoworkers' Provident Fund Agreement Clause 3 : Definitions

 

Any expressions used in this Agreement and which are defined in the Labour Relations Act, 1995, as amended from time to time and the Main Agreement shall have the meanings assigned to them in the Act and that Agreement, references to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females and vice versa; further, unless inconsistent with the context—

 

means the Labour Relations Act, 1995 (Act 66 of 1995); as amended from time to time.

 

means an employee serving under a written contract of apprenticeship registered or deemed to have been registered under the Manpower Training Act, 1981, and includes a minor employed on probation in terms of the Act as well as a learner in terms of Chapter IV of the Skills Development Act, Act No. 97 of 1998;

 

means the Motor Industry Bargaining Council - MIBCO, registered in terms of section 29 of the Act;

 

means those employees as defined in the Main Agreement from time to time.

 

means any premises or part thereof in or on which activities in the Motor Industry or part thereof are conducted;

 

means the Board established by the Council in terms of section 32 of the Act, to consider appeals from non-parties against the refusal of a non-party's application for exemption from the provisions of this Agreement and the withdrawal of such an exemption by the Council;

 

means the Auto Workers' Provident Fund, established in terms of the rules of the Fund for the purpose of providing lump sum benefits or annuities for employees in the Motor Industry or for the dependants of such employees on the death of such employees;

 

means those employees as defined in the Main Agreement from time to time;

 

means an employee who is validly in possession of either a Grade CA or Grade CAE membership card issued to him on or after 1 January 1984 by either the Motor Industry Combined Workers' Union or the National Union of Metalworkers of South Africa, or MISA/SAMU or any one of the organisations that preceded the amalgamation of the Motor Industry Staff Association and the South African Motor Union;

 

means the Agreement in which wages and other conditions of service are specified for employees in the Motor Industry, as published in terms of section 32 of the Act;

 

means the Motor Industry as defined in the Main Agreement from time to time;

 

means the Pension Funds Act 24 of 1956 as amended from time to time;

 

means the amount which an employer would normally and/or regularly pay to an employee, either weekly or monthly, in respect of the ordinary hours required to complete either a full normal week or month, as the case may be, and does not include remuneration which an employee who is employed on a piece work basis receives over and above the amount he would have received if he had not been employed on such basis, but includes commission received on the sale of goods; provided, however, that all commission received in excess of R9 000 per month shall be excluded, unless the employer an employee jointly agree that contributions shall be paid on commission earnings in excess of the aforementioned limitation;

 

means those areas defined as "Area A (EC)" and "Area B (EC)" in the Main Agreement;

 

means those areas as defined in "Area A (KZNTL)" and "Area B (KZNL)" in the Main Agreement;

 

means those areas defined as "Area A (FS & NC)" and "Area B (FS & NC)" in the Main Agreement;

 

means those areas defined as "Area A (Highveld)" and "Area B (Highveld)" in the Main Agreement;

 

means those areas defined as "Area A (Northern)" and "Area B (Northern)" in the Main Agreement;

 

means those areas defined as "Area A (WP)" and "Area B (WP)" in the Main Agreement;

 

means a committee appointed as such by the Council in terms of its constitution for any region defined herein;

 

means 65 years;

 

means a person admitted to membership by a Regional Council in terms of clause 5 of this Agreement;

 

means a period of seven consecutive days commencing at midnight on a Sunday.