Government Gazette

Vol. 420, No. 21224, 2 June 2000

Regulation Gazette, No. 6818

No. R. 540

DEPARTMENT OF LABOUR

LABOUR RELATIONS ACT, 1995

ROAD FREIGHT INDUSTRY: EXTENSION OF EXEMPTIONS AND DISPUTE RESOLUTION COLLECTIVE AMENDING AGREEMENT TO NON-PARTIES

1, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, hereby in terms of section 32 (2) of the Labour Relations Act, 1995, declare that the Collective Amendment Agreement which appears in the Schedule hereto, which was concluded in the National Bargaining Council of the Road Freight Industry and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the Amending Agreement, shall be binding on the other employers and employees in that Industry, with effect from 12 June 2000 and for the period ending 28 February 2001.

M. M. S. MDLADLANA,
Minister of Labour

SCHEDULE

NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT INDUSTRY: EXEMPTIONS AND DISPUTE RESOLUTION

COLLECTIVE AGREEMENT

in accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the

Road Freight Employers' Association

(hereinafter referred to as the "employers" or the "employers' organisation"), of the one part, and the

Motor Transport Workers' Union (South Africa)
South African Transport Workers' Union
Professional Transport Workers' Union of South Africa
Transport and General Workers' Union
African Miners' and Allied Workers' Union
and
Transport and Allied Workers' Union of South Africa

(hereinafter referred to as the "employees" or the "trade unions"), of the other part, being the parties to the National Bargaining Council for the Road Freight Industry, to amend the agreement published under Government Notice No. R. 919 of 24 July 1998, as amended and extended by Government Notices Nos. R. 1688 of 24 December 1998, R. 212 of 19 February 1999, R. 286 of 12 March 1999, R. 318 of 19 March 1999, R. 1279 of 29 October 1999, R. 121 of 11 February 2000, R. 142 of 18 February 2000 and R. 296 of 31 March 2000.

1. SCOPE OF APPLICATION

  1. The whole of the Republic of South Africa.
  2. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply only to employees for whom minimum wages are prescribed in the Agreements published under Government Notices Nos. R. 920 of 24 July 1998 and R. 922 of 24 July 1998, as renewed and amended from time to time, and to the employers of such employees.
  3. Notwithstanding the provisions of subclause (1), the provisions of this Agreement shall not apply to—
  1. an employer while he is a new employer as defined in clause 2 of the B-Agreement published under Government Notice No. R. 920 of 24 July 1998;
  2. an owner who drives his own vehicle and the employees employed in connection with such a vehicle;
  3. an employer who operates one truck with one driver, and the employees employed by such employer; and
  4. to non-parties in respect of clause 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 Labour Relations Act, 1995, and shall remain in force until 28 February 2001.

3. CLAUSE 1: SCOPE OF APPLICATION

  1. Delete subclause (3) (a) and renumber paragraphs (b), (c) and (d) to read (a), (b) and (c). Signed at Johannesburg, for and on behalf of the parties to the Council, this 22nd day of 2000

J.J DUBE
Chairman of the Council

G. F. VAN NIEKERK
Vice-Chairman of the Council
(N. J. BADENHORST for G. F. VAN NIEKERK)

B. S. E. GRATZ
Secretary of the Council