Government Gazette

Vol. 420, No. 21263, 15 June 2000

GENERAL NOTICE

Notice 2203 of 2000

DEPARTMENT OF LABOUR

LABOUR RELATIONS ACT,1995

APPLICATION FOR VARIATION OF SCOPE OF REGISTRATION OF A BARGAINING COUNCIL

I, Hendrik Christiaan Slabbert, Registrar of Labour Relations, hereby, in terms of section 58(1) of the Labour Relations Act, 1995, give notice that an application for the variation of its scope of registration has been received from the National Bargaining Council of the Leather Industry of South Africa.

Particulars of the application are reflected in the subjoined table.

Any person may object to the application on any or all of the following grounds:

  1. The applicant has not complied with the provisions of section 29 of the Act, read with the changes required by the context;
  2. the sector and area in respect of which application is made are not appropriate; and
  3. the applicant is not sufficiently representative in the sector and area in respect of which application is made.

Any person who objects must lodge his/her written objection with me, c/o the Department of Labour, Laboria House, 215 Schoeman Street, Pretoria (postal address: Private Bag X117, Pretoria, 0001), within 30 days of the date of this notice. A copy of the objection must be served on the applicant within the said period and I must be satisfied that a copy of the objection has been served on the applicant.

The applicant may respond to the objection within 14 days of the expiry of the 30-day period mentioned above and must satisfy me that a copy of the response has been served on the person who objected within the 14-day period.

TABLE

Name and bargaining council: National Bargaining Council of the Leather Industry of South Africa.

Date on which application was lodged: 05 October 1999.

Object of variation of scope: The object of the application is to redefine the Leather Industry and to increase the area of registration to the entire Republic of South Africa, which includes the former Republic of Transkei, the former Republic of Bophuthatswana, the former Republic of Venda, and the former Republic of Ciskei, as well as the former self-governing territories of KwaZulu, Qwaqwa, Lebowa, Gazankulu, NaNgwane and KwaNdebele.

Proposed variation of scope: The Leather Industry as defined hereunder in the Republic of South Africa:

Sector: "Leather Industry" means the industry in which employers and their employees are associated for one or more of the following purposes:

  1. The manufacture of—
  1. footwear, excluding bespoke made footwear;
  2. travel goods and requisites, including suitcases, trunks, travelling, folding, sling, shopping, knitting and school bags, satchels, rucksacks, attaché, brief, and vanity cases and other similar containers;
  3. harnesses, saddlery, bridles, saddle bags, girths, leggings, stirrup straps and other similar equipment, wallets, purses, tobacco pouches, cases and boxes for jewellery, musical instruments, binoculars, arms, footwear, bottles, cigarettes, cigars and pipes, dog collars and leads, watch straps, rug straps, belts, braces, suspenders, garters, armlets and other similar articles designed as substitutes;
  4. handbags and other bags, and containers designed to hold ladles' end gentlemen's personal effects;
  5. footballs, punchballs, netball balls and boxing gloves;
  6. hockey and cricket balls.
  1. (a) For the tanning, dressing and fellmongering of hides and skins; and

(b) (i) the preparation of cured or uncured hides and/or skins for tanning; for this purpose "preparation of hides and/or skins for tanning" without detracting from its ordinary or technical meaning, includes the following: Washing, soaking, fleshing, deburring, liming, unhairing, dewooling, the removal of scales, deliming, bating and pickling; and

  1. the tanning of the cured or uncured hides and/or skins and or

  2. the retanning and/or dyeing and/or drying and/or softening and/or buffing and/or dressing and/or finishing and/or laminating of leather and/or the combing and/or shearing and/or ironing of hides and/or skins with the wool or hair on; and

  3. the cutting of upholstery panels from leather: Provided that, for the purposes of subparagraphs (i) to (iii) "Hides and skins" includes the following:

Pelts with or without the fur attached; sheepskins with or without the wool on; game and goat skins with or without the hair attached; all types of reptile skins, and bird skins with or without the feathers attached: Provided that the activities listed under subparagraph 2 (b) and (c) shall not include—

  1. the manufacture of metal components and/or attachments;

  2. the manufacture of canvas bank bags, canvas kitbags, canvas rucksacks, canvas haversacks, canvas sampling bags and canvas explosives bags;

  3. the manufacture of any article from rubber;

  4. the manufacture of any article or the practice of any trade or occupation covered by the "Printing Industry" which, without in any way limiting the generally accepted meaning of the term, means the industry or undertaking in which employers and employees are associated for the production of printed matter of any nature whatsoever;

  5. the manufacture of any article from metal or any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastic, but excluding the manufacture wholly or mainly from fibre or plastic sheeting material of trunks, attaché cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit.

The word "plastic" in the paragraph directly above means any of the group of materials which consist of or contain as an essential ingredient an organic substance of a large molecular mass, and which while solid in the finished state, at some stage in its manufacture has been or can be forced. i.e. cast, calendered, extruded or moulded into various shapes by flow, usually through the application singly or together of heat and pressure.

Name and address of the applicant:

  1. Name:

National Bargaining Council of the Leather Industry of South Africa

  1. Street address

1st Floor, 6th Avenue Shopping Centre
Cnr. Heugh Road & 6th Avenue
Walmer
Port Elizabeth
6000

  1. Postal address

PO. Box 40057
Port Elizabeth
6000.
Tel. No.: (041) 581-0500
Fax No.: (041) 581-0858

Sector and area in respect of which registration Is held:

The Council is currently registered in respect of—

  1. (a) the Leather Industry as defined below in the Province of the Transvaal; and

(b) the Leather Industry as defined below in the Provinces of the Cape, Orange Free State and Natal but excluding the manufacture of native trucks, as these areas were constituted as at 7 November 1942.

"Leather Industry" means the industry in which employers and their employees are associated—

(1) for the manufacture mainly from leather of—

  1. all types of footwear, excluding bespoke made footwear;
  2. attaché cases, bags and all other containers designed to hold personal effects, sporting kit, tools and documents;
  3. harness, bridles, saddlery, saddle bags, leggings, girths, stirrup straps, military equipment other than clothing, laciest bags, shopping bags, knitting bags, bags of the type commonly known as "Xhosa Gags", wallets, purses, watch straps, wrist straps, dog collars, dog leads, rug straps, braces, belts, suspenders, garters, armlets and all other like articles irrespective of their description but which are designed as substitutes for any of the aforementioned;

(2) for the tanning, dressing and fellmongering of hides and skins;

(3) in factories in which leather goods are also manufactured, for the manufacture from materials other than leather of the articles mentioned in paragraph (1), provided that this paragraph does not include the manufacture of shopping bags made mainly of paper;

(4) for the manufacture of all types of footwear from materials other than leather;

(5) for the manufacture of travailing requisites, including trunks, mainly from leather, fibre, wood, cloth, canvas or fabric or any combination thereof.

  1. (a) the industry in which employers and employees are associated for the manufacture of handbags from materials other than leather, in establishments in which leather goods referred to in paragraph (1) of the definition of Leather Industry" above are not manufactured, but excluding the manufacture of handbags—

  1. wholly or mainly from metal;

  2. from cardborad (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is cardboard and/or paper and/or any constiteunt of paper;

  3. wholly or mainly from plastics other than plastic sheeting material, in the Magisterial Districts of Bellville, Durban, Johannesburg and The Cape, as those areas were constituted as at 9 August 1 973;

(b) the industry in which employers and employees are associated for the manufacture, wholly or mainly from leather, of footballs, punchballs, netball balls and boxing gloves, in the Magisterial District of Bellville as it was constituted as at 9th August 1973.

The work 'plastics" as contained in (a)(iii) above means any one of the group of materials which consist of or contain as an essential ingredient an organic substance of a large molecular weight and which while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shapes by flow, usually through the application, singly or together, of heat and pressure.

  1. The industry in which employers and employees are associated for the manufacture, wholly or mainly from leather, of footballs, punchballs, netball balls and boxing gloves, in the Magisterial District of Durban as it was constituted as at 25 November 1974.

  2. (a) That portion of the Leather Industry in the Magisterial Districts of Bellville, Germiston, Johannesburg, Middelburg (Transvaal), Pretoria, Roodepoort and The Cape, as those areas were constituted as at 21 February 1980, in which employers and their employees are associated in establishment in which leather goods are not manufactured, for the manufacture, from materials other than leather, of—

  1. attaché cases, bags and all other containers designed to hold personal effects, sporting kit and documents;
  2. harnesses, bridles, saddlery, leggings, stirrup straps, shopping bags, wallets, purses, watch straps, wrist straps, rug straps, braces and all other like articles irrespective of their description but which are designed as substitutes for any of the aforementioned.

(b) That portion of the Leather Industry in which employers and their employees are associated for the manufacture of travailing requisites, including trunks, from materials other than leather, fibre wood, cloth, canvas or fabric or any combination thereof:

Provided that paragraphs (a) and (b) above shall not be construed to include:

  1. the manufacture of metal components and/or attachments;
  2. the manufacture of canvas bank bags, canvas kit-bags, canvas rucksacks, canvas haversakcs, canvas sampling bags and canvas explosives bags;
  3. the manufacture of any article from rubber;
  4. the manufacture of any article or the practice of any trade or occupation covered by the "Printing Industry" which, without in any way limiting the generally accepted meaning thereof, means that industry or undertaking in which employers and their employees are associated in the production of printed matter of any nature whatsoever;
  5. the manufacture of any article from metal and of any kind of container (with or without any metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastics, but excluding the manufacture wholly mainly from fibre or plastic sheeting materials of trunks, attaché cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit:

Provided further that the word "plastic" in paragraph (v) above means any of the group of materials which consist of or contain as an essential ingredient an organic substance of a large molecular mass and which while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shapes by flow, usually through the application singly or together of heat and pressure.

  1. That portion of the Leather Industry in which employers and employees are associated for the manufacture of travailing requisites, including trunks, from materials other than leather, fibre, wood, cloth, canvas or fabric or any combination thereof, and the industry concerned with the manufacture of the following goods from materials other than leather in establishments in which leather goods are not manufactured, in the Magisterial District of Goodwood as it was constituted as at 30 July 1982:
  1. Attaché cases, bags and all other containers designed to hold personal effects, sporting kit and documents;
  2. harnesses, bridles, saddlery, leggings, stirrup straps, shopping bags, wallets, purses, watch straps, wrist straps, rug straps, braces and all other like articles irrespective of their description but which are designed as substitutes for any of the aforementioned:

Provided that the activities listed under paragraph 3 shall not include—

  1. the manufacture of metal components and/or attachments;

  2. the manufacture of canvas bank bags, canvas kit bags, canvas rucksacks, canvas haversacks, canvas sampling bags and canvas explosives bags;

  3. the manufacture of any article from rubber;

  4. the manufacture of any article or the practice of any trade or occupation covered by the "Printing Industry" which, without in any way limiting the generally accepted meaning of the term, means the industry or undertaking in which employers and their employees are associated for the production of printed matter of any nature whatsoever;

  5. the manufacture of any article from metal and of any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastic, but excluding the manufacture wholly or mainly from fibre or plastic sheeting material of trunks, attaché cases, bags and all similar containers designed to how personal effects, musical instruments and sporting kit;

Provided further that the word "plastic" in paragraph (v) above means any of the group of materials which consist of or contain as an essential ingredient an organic substance of a large molecular mass and which while solid in the finished state at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shapes by flow, usually through the application singly or together of heat and pressure.

  1. The Tanning Industry in the Magisterial Districts of Bellville, Paarl, Oudtshoorn, Wellington, George, Uitenhage, Port Elizabeth, King William's Town and Pietermaritzburg, as these areas were constituted as at 11 November 1996:

"Tanning Industry" means

  1. that section of the Leather Industry in which employers and employees are associated for the—
  1. preparation of cured or uncured hides and/or skins for tanning; for this purpose "preparation of hides and/or skins for tanning", without detracting from its ordinary or technical meaning, includes any of the following: Washing, soaking, fleshing, debarring, liming, unhairing, dewooling, the removing of scales, deliming, bating and pickling; and
  2. tanning of the cured or uncured hides and/or skins; and/or
  3. retanning and/or dyeing and/or drying and/or softening and/or buffing and/or dressing and/or finishing and/or laminating of leather and/or the combing and/or shearing and/or ironing of hides and/or skins with the wool or hair attached; and
  4. cutting of upholstery panels from leather;

Provided that for the purposes of paragraphs (a) to (c) the expression "hides and skins" includes the following:

Pelts with or without the fur attached, sheepskins with or without the wool attached, game and goat skins with or without the hair attached, all types of reptile skins, and bird skins with or without the feathers attached; and that part of the Leather Industry in which employers and their employees are associated for the manufacturing of leather-covered hockey and/or cricket balls in the Magisterial District of Wynberg as it was constituted, etc.

Representativeness of the Council:

Total number of employees falling without the new scope of the Council and who belong to the trade unions that are party to the Council: 18 707

Total number of employers falling without the new scope of the Council and who belong to the employers' organizations that are party to the Council: 106

Total number of employees employed within the new scope of the Council by the employers who belong to the employers' organizations that are party to the Council: 17 452

Total number of employers within the new scope of the Council: 302

Total number of employees within the new scope of the Council: 24 930


H. C. SLABBERT
Registrar of Labour Relations