Vol. 416, No. 20900, 25 February 2000
Regulation Gazette, No 6735.
No. R. 180, 2000
DEPARTMENT OF LABOUR
LABOUR RELATIONS ACT, 1995
CONTRACT CLEANING INDUSTRY (NATAL): EXTENSION OF MAIN AND PROVIDENT FUND COLLECTIVE AMENDING AGREEMENT TO NON-PARTIES
I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, hereby in terms of section 32 (2) of the Labour Relations Act, 1995, declare that the Collective Agreement which appears in the Schedule hereto, which was concluded in the Bargaining Council for the Contract Cleaning Industry (Natal), and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the Agreement, shall be binding on the other employers and employees in that Industry, with effect from 1 March 2000 and for the period ending 28 February 2001.
M. M. S. MDLADLANA
Minister of Labour
SCHEDULE
BARGAINING COUNCIL FOR THE CONTRACT CLEANING INDUSTRY (NATAL)
MAIN AND PROVIDENT FUND COLLECTIVE AGREEMENT
in accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the
National Contract Cleaners' Association (Natal Branch)
(hereinafter referred to as the "employers" or the "employers' organisation"), of the one part, and the
Transport and General workers'' Union
Black Allied Workers' Union (SA)
National General Workers' Union (NAGEWU)
(hereinafter referred to as the "employees" or the "trade unions"), of the other part, being the parties to the Bargaining Council for the Contract Cleaning Industry (Natal), to amend the agreement published under Government Notice No. R. 251 of 26 February 1999, as extended by Government Notice No. R. 48 of 28 January 2000.
1. SCOPE OF APPLICATION OF AGREEMENT
(1) The terms of this Agreement shall be observed in the Contract Cleaning Industry in the Province of Natal as it existed immediately prior to the date of commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993)—
(2) The provisions of this Agreement do not apply to non-parties in respect of clauses 1 (1) (a) and 2.
2. PERIOD OF OPERATION OF AGREEMENT
This Agreement shall come into operation on such date as may be fixed by the Minister of Labour in terms of section 32 of the Act and shall remain in force until 28 February 2001.
3. CLAUSE 4: REMUNERATION
Substitute the following for clause 4 (1):
"(1) An employer shall pay his employees for ordinary hours worked in the regions concerned at the following rates:
- Magisterial Districts of Durban, Pinetown, Inanda and Chatsworth: R6,42 per hour (or part thereof), calculated on a pro rata basis for all employees.
- Municipal Areas of Empangeni and Richards Bay and the Magisterial District of Pietermaritzburg: R5,56 per hour (or part thereof), calculated on a pro rata basis for all employees.
- The rest of Natal: R5,49 per hour (or part thereof) calculated on a pro rata basis for all employees.".
5. CLAUSE 23: COUNCIL REGISTRATION BY EMPLOYERS
Insert the following new clause 23.1 (c) (viii):
"23.1 (c) (viii) copies of registration certificates and certificates of good standing for the following: U.I.F., W.C.A., J.S.B., Training Board, P. A.Y.E. and V.A.T. and the company shall produce a current certificate of compIiance from each of the above annually in the month of January.".
3. CLAUSE 30: PROVIDENT FUND
Substitute the following for clause 30.5 (d):
"30.5 (d) Every employer shall forward a printed return with the name of each member, their Fund reference number and their basic wage to the underwriter, month by month, together with payment of the total member and employer contributions for the relevant month, so as to reach the office of such underwriter not later than the seventh day of the month following that for which the contributions were so made.".
7. Insert the following new clause 32:
32. CERTIFICATE OF COMPLIANCE
32.1 Should a company require a certificate of compliance the following procedures will take place before such certificate may be issued:
A designated agent of the Council will carry out an inspection of the company's records for a period of the three months prior to such request. Due co-operation must be given to such agent in his inspection by the company representatives. The agent will use a checklist designed by Council and printed in triplicate, a copy of which will be given to the company detailing contraventions or compliance.
The company must also be registered and paying their dues timeously to the various statutory bodies that affect the cleaner. These must include the following:
- Unemployment Insurance Fund;
- Workman's Compensation Fund;
- Cleaning Industry Training Board;
- South African Revenue Services;
- Durban Corporation Business Levies.
- The company must have been complying with all the provisions laid down for a period of not less than three calendar months to ensure such company is complying on a regular basis.
32.2 Should it be found that the company is not complying a dispute detailing the non-compliance will be referred for arbitration by the Council within five working days.
32.3 The certificate of compliance will only be valid for a period of three months from date of its issue to ensure the company's continued compliance. The certificate will be issued without alteration on the printed format of the Council. The certificate will only be issued after due investigation by, and must be signed by, two of the following officials: Secretary, Chairman or Vice-chairman.".
Signed in Durban on this 6th day of December 1999.
A GIBB
For the National Contract Cleaners Association
S. NTSHAKALA
For Transport and General Workers' Union
V. MHLONGO
For National and General Workers' Union
W. M. MSIBI
For Black Allied Workers' Union
And As Witness:
I. J. McGregor
Secretary for the Bargaining Council for the Contract Cleaning Industry (Natal)