Notices > National Bargaining Council for the Clothing Manufacturing Industry > Consolidated Provident Fund Collective Agreement > KwaZulu-Natal

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, or the Main Agreement shall have the same meaning as in those measures, and unless the context otherwise indicates, words importing the masculine gender shall include the feminine; further unless inconsistent with the context—

"Act"

means the Labour Relations Act, No. 66 of 1995, as amended;

"basic weekly wage"

means the remuneration usually payable in money to an employee in respect of the ordinary hours of work set out in clause 9 (1) of the Main Collective Agreement for the KwaZulu-Natal Region of the Council, regardless of the hours actually worked by an employee;

"beneficiary"

means either a dependant or nominee, entitled to benefits under the fund;

"child"

shall mean a child as defined in the group funeral policy;

“Clothing 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 making of all classes of the undermentioned items of apparel/clothing/garments:

Belts (manufactured from cloth), braces, brassieres, caps, collars, corsetry, cummerbunds, gloves, handkerchiefs, hats, hosiery (including ladies" stockings, pantihose and socks), knitted outerwear, knitted underwear; nightwear (including pyjamas), outerwear, protective wear (including overalls and wetsuits), scarves, shirts, suspenders, ties (including bowties), and underwear;

A. and Includes—

(a)

all operations incidental thereto and consequent thereon and all succeeding processes or operations performed in connection therewith carried on by such employers and any of their employees, irrespective of the process or method used in such making and irrespective of whether such processes or operations are performed on the premises of such employers, or elsewhere;

(b)

all types of hand-sewing operations (including beading and embroidery), whether by hand and/or machine, on garments and/or parts of garments and irrespective of whether or not such operations are performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(c)	any of the aforementioned items made for quantity production tailoring made to the order of any government department, provincial administration, S A Airways, Telkom, Transnet or local authority;

(d)	any part(s) of garments whether by means of a knitting process or otherwise;

(e)	design-room services, irrespective of whether or not such services are provided by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(f)	fully-fashioned and/or semi-fashioned garments knitted on circular, flat or full-fashioned machinery;

(g)	screen process printing on garments and parts of garments performed in a clothing, textile and/or knitting establishment;

(h)	tailored outer garments for the execution of special measure orders from dealers whose customers" measurements are taken by or on the responsibility of such dealers;

(i)	the changing of labels, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(j)	the making of buttonholes, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(k)

the ironing of garments and/or parts of garments, irrespective of whether or not such ironing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work on newly manufactured garments on behalf of such employers and any of their employees;

(l)	the making up of garments from knitted fabric in the establishment in which the fabric was knitted;

(m)	the making up of sample garments and/or parts of garments, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(n)	the marking-in and/or cutting of garments or parts of garments, irrespective of whether or not such operation(s) is (are) performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees; and

(o)

the packing of garments and/or parts of garments, irrespective of whether or not such packing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work with newly manufactured garments on behalf of such employers and any of their employees;

B. but excludes

(a)	belts, braces, garters, suspenders and armlets manufactured from leather;

(b)	boxing gloves;

(c)	retail dressmaking, i.e., the making of single garments to the measurement of individual persons;

(d)	retail millinery, i.e., the making of hats in shops for sale in such shops and the making of single hats to the measurement of individual persons;

(e)	tailor-made garments for individual persons, provided such garments are not manufactured in a factory;

“complying employer”

means an employer whose company or concern is fully registered with the Council or a council which amalgamated to form the Council, who has given effect to the applicable Council Main and Benefit Fund Collective Agreements in each of its establishments or who has received due exemption therefrom, who is up to date with Council and any Benefit Fund Contributions, trade union and employer subscriptions and who has registered all permanent and contract employees with the Council;

"contributor"

means any persons, who falls under the scope of this Agreement and is employed in the Clothing Industry, or who does not fall under the scope of the Agreement, but who the parties to the Agreement have agreed shall be permitted to participate in the Fund, and from whose wages deductions have been made or are required to have been made in terms of this Agreement;

"Council”

for the purposes of this Agreement, means the KwaZulu-Natal Chamber of the National Bargaining Council for the Clothing Manufacturing Industry;

"dependant"

in relation to a nominated beneficiary, shall in all cases where a member has dependants, mean a person who depended wholly or partly upon the member;

"early retirement"

shall mean retirement within 5 (five) years of normal retirement age;

"effective date" means the date of coming into operation of this Agreement;

"employer"s account"

means an account established in respect of each member, in which is accumulated—

(a) the employer"s share of contributions referred to in clause 6 (12); and

(b) the transferred employer"s account;

which amounts shall be taken into account in determining the member"s benefits in terms of these rules;

"exempt contributor"

means a contributor in respect of whom contributions are no longer required to be made by an exempt employer;

"exempt employer"

means an employer who has been exempted from contributing in respect of employees in terms of clause 15;

"Fund"

means the Provident Fund provided for in terms of clause 4 of this Agreement;

"group disability benefit"

shall mean a disability benefit to which a member may become entitled under a policy of insurance entered into by the Fund for the purpose of providing such benefits;

"group disability policy"

means a policy of insurance entered into by the Fund in terms of clause 5 (5) (f) for the purpose of providing a disability benefit to members in terms of clause 8 (1) (e) of this Agreement;

"group funeral benefit"

shall mean a death benefit to which a member or the spouse or child of such member may become entitled under a policy of insurance entered into by the Fund for the purpose of providing such benefit;

"group funeral policy"

means a policy of insurance entered into by the Fund in terms of clause 5 (5) (f) for the purpose of providing a funeral benefit for members or the spouse or child of such member in terms of clause 8 (1) (c) of this Agreement;

"group life assurance benefit"

means the benefit to which a member is entitled under a policy of assurance entered into by the Fund with an underwriter to provide such benefits;

"group life assurance policy"

means a policy of assurance entered into by the Fund in terms of subclause 5 (f) of clause 5 to provide for benefits upon death in terms of subclause (1) (c) of clause 8 of this Agreement;

"interim rate"

means the rate of return calculated in accordance with clause 10 (3) to be applied in determining benefits in terms of clause 9 for any part of a year;"

"late retirement"

means retirement after the normal retirement age;

"Main Collective Agreement"

means the Collective Agreement of the Council in which wages are prescribed for employees in the Industry published in terms of section 32 (2) of the Act;

"member"

means a person entitled to receive benefits under the Fund and in respect of whom contributions are, or have been made and shall include expressions such as "contributor", "paid up contributor" and "exempt contributor" ;

"member"s account"

means an account established in respect of each member, in which is accumulated—

(a) the member"s share of contributions in terms of clause 6 (12); and

(b) the transferred member"s account;

which amounts shall be taken into account in determining the member"s benefits in terms of this Agreement;

"National Council”,

means the National Bargaining Council for the Clothing Manufacturing Industry, registered in terms of the Act;

"nominee"

means a person other than a dependant who has been nominated by a member to receive benefits under the Fund;

"old rules"

means the rules which applied to the Fund at 31 August 1993;

"paid-up contributor"

means a member, other than an exempt contributor in respect of whom contributions have been discontinued and who has not received a benefit to which he may become entitled;

"past service"

means service in the industry prior to the establishment of this Fund on 14 February 1961 during which any member contributed to the Garment Workers" Industrial Union, Natal, Provident Fund, and who has not received any benefits from that Fund;

"record of service card"

means the record of service card provided for in clause 20 of the Main Agreement;

"retiring age" and "normal retirement age"

means the age of 60 (sixty) years for all contributors;

"retrenchment benefit"

shall mean the benefit determined in terms of this Agreement which is payable when a member leaves the Fund upon being retrenched;

"returns"

means—

(a)	any income (received and accrued) less an allowance for any tax and, if applicable, part or all of any expenses (paid and accrued); and

(b)	any capital appreciation or depreciation (realised and unrealised);

"Secretary"

means the Secretary of the Bargaining Council and includes any official appointed to act in the absence of the Secretary;

"service"

means all periods of employment in the Industry, from the date a member last joined the Fund in respect of which—

(i)	contributions were made, or due to have been made, on behalf of a member by his employers;

(ii)	the member was an exempt contributor;

"spouse"

shall mean a spouse as defined in the group funeral policy.

"transferred funds"

means amounts of money transferred into the fund from any other Fund in respect of a member;

"transferred employer"s account"

means the amount determined by the fund"s actuary as being the balance of the actuarial reserve as at 1 September 1993, in respect of a particular member;

"transferred member"s account"

means the member"s share under the old rules as determined by the Fund"s actuary;

"underwriter"

means a life assurer -contracted by the Fund to provide insured death, disability, medical or funeral benefits;

"withdrawal benefit"

means the benefit determined in terms of these rules payable when a member leaves the Fund other than through death, retirement or retrenchment.

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

3. Definitions