Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Consolidated Provident Fund Collective Agreement for the KwaZulu-Natal Region

1. Scope of Application
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(1)The terms of this Agreement shall be observed in the Clothing Industry by all employers and employees who are engaged or employed in the operations referred to in the definition of "Clothing Industry" in clause 3 of the National Main Collective Agreement and who—
(a)are members of the employers" organisations and the trade union, respectively, and are engaged or employed in the Industry;
(b)are subject to the scope of Part C of the National Main Collective Agreement of the National Council, being those in the Magisterial Districts of Chatsworth, Durban, Inanda, Pinetown, Pietermaritzburg and Lower Tugela;
(c)are subject to the scope of Part I (Non-Metro) of the National Main Collective Agreement of the National Council, but only insofar as those areas of Part I that fall within the Province of KwaZulu-Natal are concerned.

 

(2)Notwithstanding the provisions of subclause (1), the terms of this Agreement shall—
(a)apply in respect of employees for whom wages are prescribed in Parts C and I of the National Main Collective Agreement of the National Council; and
(b)not apply in respect of employees whose basic wages exceed two and a half times the wage rate for a qualified Grade 1 employee in terms of Part C of the National Main Collective Agreement of the National Council or whose occupation is monthly paid and of a managerial, specialist technical or non-production related nature.

 

(3)The terms of this Agreement shall also cover all garment knitting employees.

 

(4)

(a)The purpose of this Agreement is to make provision for retirement, disability, death and retrenchment benefits.
(b)Employers employing five employees or fewer shall, upon application to the Council be exempted from this Agreement.
(c)Where an employer or an employee can satisfy the Council that any of the provisions of this Agreement are restricting entrepreneurial initiative and/or employment opportunities, such employer or employee may apply to the Council for exemption from those specified provisions in terms of clause 15 to the Re-Enacted and Amended Provident Fund Agreement or the Kwazulu-Natal Region.
(d)Clauses 1 (1) (a), 2 and 3 of this Agreement shall not apply to employers and employees who are not members of the employers" organisation and trade union, respectively.