Government Gazette

Vol. 420, No. 21224, 2 June 2000

Regulation Gazette, No. 6818

No. R. 543

LABOUR RELATIONS ACT, 1995

CLOTHING INDUSTRY (NORTHERN AREAS): EXTENSION OF COLLECTIVE FUND

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 Amending Agreement which appears in the Schedule hereto, which was concluded in the Clothing Industry Bargaining Council (Northern Areas) 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 5 June 2000, and for the period ending 30 June 2001.

M. M. MDLADLANA
Minister of Labour

SCHEDULE

CLOTHING INDUSTRY BARGAINING COUNCIL (NORTHERN AREAS)

COLLECTIVE FUND AMENDING AGREEMENT

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

Transvaal Clothing Manufacturers' Association

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

Southern African Clothing and Textile Workers' Union

(hereinafter referred to as the "employees" or the "trade union"), of the other part,

being the parties to the Clothing Industry Bargaining Council (Northern Areas),

to amend the Collective Fund Agreement published under Government Notice No. R. 8Q8 of 7 July 1999, as extended at Government Notice No. R. 378 of 14 April 2000.

1. SCOPE OF APPLICATION

  1. The terms of this Agreement shall be observed in the Clothing Industry (Northern Areas)—
  1. by all employers who are members of the employers' organisation and are engaged in the Clothing Industry, and by all employees who are members of the trade union and who are employed in the Industry;
  2. in the Province of the Transvaal, as it existed prior to the coming into operation of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
  1. Notwithstanding the provisions of subclause (1)—
  1. the terms of this Agreement shall apply only in respect of employees for whom wages are prescribed in the Council's Main Collective Agreement; and
  2. the provisions of clauses 3, 4 and 5 of this Collective Agreement shall apply in respect of any employee in the Industry, for whom no wages are prescribed in the Main Collective Agreement if such employee and his employer have mutually, and with the Bargaining Council, agreed thereto in writing.
  1. For the purposes of subclauses (2) (b), any reference to employees for whom wages are prescribed in the Main Collective Agreement shall be deemed to include employees referred to in that Agreement and any reference to the wage prescribed for an employee shall be deemed to be a reference to such employee's actual wage.
  2. Clauses 1 (1) (a) and 2 of this Agreement shall not apply to employers and employees who are non-members of the employers' organisations.

2. PERIOD OF OPERATION

  1. This Agreement shall come into operation on such date as may be fixed by the Minister of Labour in 32 of the Act, and shall remain in force until 30 June 2001.
  2. Upon the expiry of this Agreement or any extension thereof and in the event of the subsequent agreement not being negotiated within a period of two years from the expiry of this Agreement or any extension thereof, the Provident Fund established and continued in terms of clause 9 shall be liquidated, as though the employees had left the Industry.

3. CLAUSE 5: MEDICAL BENEFIT SOCIETY

  1. In subclause (2), substitute the expression "1,79%" for the expression "1,7%" wherever it appears.
  2. In subclause (8) (a) (iii), substitute the expression "R17,50" for the expression "R15,00".
  3. In subclause (8) (c), substitute the expression "R500,00" for the expression "R400,00".

4. CLAUSE 7: SICK PAY FUND

In subclause (2) (a), substitute the expression "0,31 %" for the expression U0,3%" wherever it appears.

5. CLAUSE 9: PROVIDENT FUND

  1. In subclause (3) (b), substitute the expression 'Three" for the expression "four" wherever it appears.
  2. Substitute the following for the existing subclause (5) (a) (i):

"(5) (a) (i) Every employer shall, on the pay day of each week and from the first pay day after the Agreement comes into operation, deduct from the wage of each contributor in his employ, 5,5% of the prescribed wage payable to such contributor, calculated to the nearest cent: Provident that no deduction shall be made from the wage of a contributor who has worked for less than 20 hours in the week in which the deductions fall due.".

6. CLAUSE 10: CLOTHING INDUSTRY TRAINING BOARD

Delete this clause and any reference in this agreement to this clause, and renumber the subsequent clauses accordingly. Signed at Johannesburg this 12th day of November 1999.

R. MOYA
Chairman

P. JAFF
Vice-Chairman

A. MARGOLIS
Secretary