Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Furniture Manufacturing Industry Chapter 1 4. Definitions

 

Any expression used under this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act and any reference to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine  gender shall also include the feminine  gender and vice  versa;  further, unless inconsistent with the context—

 

"Act"

means the Labour Relations Act, 1995 (Act 66 of 1995)(as amended);

 

"assistant despatch clerk''

means an employee who assists the despatch clerk, and who is under his direct supervision

 

"assistant storeman"

means an employee who assists the storeman, and who is under his direct supervision;

 

"auditor"

means an auditor registered under the Public Accountant's and Auditor's Act, 1991 (Act 80 of 1991);

 

"caretaker ''

means an employee who is resident on the factory premises and who is responsible for any one or more of the following duties:

 

"casual driver of motor vehicle"

means an employee who is employed as a driver of a motor vehicle by the same employer for not more than 3 days in any one month, to be remunerated daily for 9 hours at no less than the applicable minimum hourly rate for drivers, plus full leave pay moneys and maximum holiday bonus moneys;

 

"casual employee"

means an employee who is employed by the same employer for not more than 3 days in any one month, to be remunerated at the applicable hourly rate for the occupation skills level of work performed plus full leave pay moneys and maximum holiday bonus moneys;

 

"chargehand"

means an  employee who customarily  and  regularly  directs,  subject  to the instructions of management, the work of general workers while he may also be engaged In the production of furniture and/or upholstery and/or bedding in the capacity of a general worker;

 

"Collective Agreement''

means any current agreement for the Furniture, Bedding and Upholstery Manufacturing Industry in which wages are prescribed, or in the absence of such an agreement, the last wage agreement published for the lndustry in terms of the Act;

 

"compulsory retirement age"

for an employee in the Industry is the age of 65 years;

 

"contributions"

means the amount of money payable to the funds of the Council as determined from time to time;

 

"Council"

means the Furniture Bargaining Council registered in terms of the Act;

 

"dependant"

in relation to a member and for the purposes of the—

persons accepted  by the Fund as being dependants in accordance with the rules of the Fund; and the

persons accepted by the Society as being dependants in accordance with the rules of the Society; and the

persons  accepted  by the  Scheme  as  being  dependants/beneficiaries  in  accordance with the rules of the Scheme;

 

"despatch clerk''

means an employee who is wholly or mainly engaged in the despatch or the packing or receiving of goods for transport or delivery and who may attend to or supervise the checking, mass-measuring, packing, marking, addressing or despatching thereof;

 

"driver"

means an employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression "driving a motor vehicle" includes all periods of driving, any time spent by a driver on work connected with the vehicle or the load and an periods during which he is obliged to remain at his post in readiness to drive;

 

"driver's logbook"

means a book provided by his employer (if required) to be completed in duplicate;

 

"emergency services"

means any work which, owing to causes such as fire, storm, accident, act of violence or theft, must be done without delay, and any work necessary for the transportation of machinery to prevent any serious dislocation  in the  Industry;

 

"employee"

means the same as defined in the Basic Conditions of Employment Act 1997 (Act 75 of 1997) (as amended);

[Definition inserted by section 4(1) of Notice No. 946, GG 40229, dated 26 August 2016]

 

"establishment"

means any premises where furniture, bedding and upholstery manufacturing takes place;

 

"experience"

means the total length of all periods of employment which an employee (in the occupation in which he is engaged) has had in any industry;

 

"foreman" and/or "supervisor"

means an employee who is employed in a supervisory capacity and who, in the execution of his duties, which shall be related to the Furniture, Bedding and Upholstery Manufacturing  Industry—

but excludes employees who are engaged in costing, designing, buying,  planning, organising, directing and/or controlling the duties of foreman and/or supervisor: Provided that  in the absence of foremen and/or supervisors, the aforesaid excluded employees shall be deemed to be the foremen or supervisors;

 

"Furniture, Bedding and Upholstery Manufacturing Industry" or "Industry"

means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and their employees are associated for the manufacture, either in whole or as a complete unit or in part as a component or components, of all types of furniture and bedding as well as upholstery and/or re-upholstery and will, inter alia, include the following:

 

Repairing, staining, spraying, polishing, re-polishing, making loose covers and/or cushions, wood machining, veneering, woodturning, carving, assembling, painting, wood bending and laminating. Furniture manufacturing will also include the manufacturing, installation, repairing, polishing, re-polishing, staining, spraying of pianos, organs, movable room/office partitions, kitchen cupboards, kitchen  cupboard lops, kitchen cupboard components (irrespective of materials used), attached wall cupboards, built-in  cupboards, built-in cupboard components. free standing bars or built-in bar counters, cane, wicker or grass furniture.' cabinets including cabinets for musical instruments and radios, wireless or television cabinets, bathroom clipboards, any other cupboard tops and furniture for tea­ rooms, restaurants, offices, churches, schools, libraries, other educational institutions, conference centres and theatres but excluding the manufacturing of furniture made mainly of metal and/or plastic materials.

 

The manufacturing, repairing, covering, re-covering of mattress bases, mattresses, spring mattresses, overlays, bolsters, pillows, cushions for studio couches, spring units, box-spring mattresses and studio couches, but excluding the manufacturing of bedding made mainly of metal and/or plastic materials.

 

"Studio Couch" means an article of furniture, which is designed for seating and for conversion into a double bed or two or more beds and of which the frames are constructed mainly of metal and the seating and/or sleeping surfaces consist of mattresses and/or cushions.

 

The upholstering or re-upholstering of any furniture, or item of furniture, bedding, pelmets and mattress bases.

[Definition substituted by section 3 of Notice No. 19, GG 40552, dated 20 January 2017]

 

"Holiday  Bonus"

means  a  work  attendance  bonus  payable  by  the  establishment  for  its employees, which is determined by the level of work attendance of the individual employee;

 

"Holiday Bonus Fund"

means the Fund established by the Council for the purposes  of receiving  holiday  bonus  moneys from establishments  for their employees,  for holding these holiday bonus moneys in reserve and to pay these holiday bonus moneys to the employees when due;

 

"large size employer"

means an employer who employs in excess of 20 employees;

 

"leave pay"

means that portion of the employee's remuneration payable by the establishment for the employee for the purpose of remunerating the employee for any period which the employee is on annual leave as prescribed by the prevailing Collective Agreement;

 

"Leave Pay Fund"

means the Fund established by the Council for the purposes of receiving leave pay moneys from establishments for their employees, for holding these moneys in reserve and to pay these leave pay moneys to the employees when due;

 

"medium size employer"

means an employer who employs between 11 and 20 employees;

 

"micro size employer''

means an employer who employs less than 4 employees;

 

"new establishment"

means a business in the scope of this Agreement, which has not conducted manufacturing activities for a period of more than 6 months;

 

"ordinary hours of work"

means the maximum number of hours which an establishment ordinarily works per week and normal hours of work has the same meaning;

[Definition inserted by section 4(2) of Notice No. 946, GG 40229, dated 26 August 2016]

 

"pay week"

means the period of 7 days which is considered when determining the weekly wage of an employee, based on an hourly rate of pay;

[Definition substituted by section 3 of Notice No. 1465, GG 41350, dated 22 December 2017]

 

"senior shop steward"

means a chairperson or a convenor of shop stewards at an establishment;

[Definition inserted by section 4(3) of Notice No. 946, GG 40229, dated 26 August 2016]

 

"small size employer''

means an employer who employs between 4 and 10 employees;

 

"substantive issues"

means  all  issues  relating to  cost  and  affecting the  wage  packages  of employees or their remuneration;

 

"temporary employment service or labour broker"

means a service provided by any person who, for reward, procures for or provides to a client other persons who—

 

"trade union representative or shop steward"

means a person who is a registered member of any of the trade unions which are parties to this Agreement and who has been elected as such by the employees at any particular establishment;

 

"wage"

means the  remuneration payable in money to an employee as prescribed in this Agreement, or where an employer regularly pays to an employee an amount higher than the prescribed amount such higher amount;

 

"watchman"

[Definition deleted by section 4(4) of Notice No. 946, GG 40229, dated 26 August 2016]

 

''weekly paid employee"

means an employee who is remunerated weekly;

 

"working employer''

means any person, including a partner in a partnership or a director in a company or a member of a close corporation, who performs any of the classes of work of which wages are prescribed in this Agreement