Government Gazette

Vol. 420, No. 21224, 2 June 2000

Regulation Gazette, No. 6818

No. R. 545

LABOUR RELATIONS ACT, 1995

BUILDING INDU8TRY BARGAINING COUNCIL (BLOEMFONTEIN): EXTENSION OF

AMENDMENT OF COLLECTIVE 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 Building Industry 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 the Building Industry, with effect from 12 June 2000, and for the period ending 15 November 2000.

M. M. S. MDLADLANA
Minister of Labour

SCHEDULE

BARGAINING COUNCIL FOR THE BUILDING INDUSTRY (BLOEMFONTEIN)

COLLECTIVE AGREEMENT

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

Construction Industries Association, Free State (formerly Bloemfontein Master Sunders' and Allied Trades' Association)

(hereinafter referred to as the ~employers" or the Employers' organisations, of the one part, and the

Amalgamated Union of Budding Trade Works of South Africa

Bouwerkerevakinond and

Construction and Allied Workers' Union

(hereinafter referred to as the employees" or the "trade unions7, of the other part, being parties to the Bargaining Council for the Building Industry (Bloemfontein),

to amend the main Agreement published under Government Notice R. 1325 dated 6 November 1998, as extended by Government Notices R. 1313 of 12 November 1999 and R. 545 of 2 June 2000.

1. SCOPE OF APPLICATION

1. The terms and conditions of this Agreement shall be observed—

1. in the Magisterial District of Bloemfontein;
2. by all employers and employees who are members of the employers' organisations and by all employees who are members of the trade union/s;
3. by all employers and employees to whom the Minister of Labour may extend this Agreement;
4. by all employers and employees who are directly or indirectly involved in the Building Industry.

2. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to—

1. apprentices only in so far as they are not inconsistent with the provisions of the Manpower Training Act, 1981, or any contract entered into or any conditions fixed thereunder;
2. trainees under the Manpower Training Act, 1981, only in so far as they are not inconsistent with the provisions of that Act or any conditions fixed thereunder;
3. working partners, directors and owners of a building-related business.

3. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall not apply to—

1. clerical and administrative employees;
2. university students and graduates in Building Science and to construction supervisors, construction surveyors, architects and other persons doing practical work in the completion of their academy training;
3. casual employees as defined in clause 3.
4. non-parties in respect of clause 1 (1) (b).

2. CLAUSE 7: TERM ItS OF EMPLOYMENT

Substitute the following for subclause (5) (a) and (b):

(5) Annual leave: (a) Every employee shall be entitled to 21 consecutive days leave during the annual builders' holiday, which shall commence on the Friday prior to 16 December each year, or any such alternative date as the Council may decide upon by not later than 30 June each Year. The compulsory closing time each year will be from 23 December to 3 January, which forms part of the annual leave.

(b) Notwithstanding the terms of subclause (7) (5) (a), an employee may agree to work during the annual builders" holidays and shall be entitled to the actual wage as well as the supplementary remuneration as prescribed in this Agreement, for any time worked during that period: Provided that such employee shall be entitled to 21 consecutive days leave, or the remainder thereof, at another time during the year, as may be agreed upon between the employer and employee and provided the Council is notified of such mutual agreement in writing."

Substitute the following for sub-clauses (1) and (2) (a), (b) and (c):

3. CLAUSE 8: REMUNERATION

"'(1) Wages: (a) General: No employer shall pay and no employee shall accept wages at rates lower than the following:

Calculation of wages: The weekly wage of an employee shall be his hourly wage multiplied by 40, in the case of artisans and all other categories of employees.

(b) "Across-the board" increase for all categories shall be 8% of the actual wage. Nobody will receive less than the minimum prescribed wage.

(2) Supplementary remuneration and contributions: (a) Except in respect of a casual employee, every employer shall pay each week to the Secretary of the Council in respect of each category of employee, as stipulated below, the total sum prescribed in Column K hereunder: Provided that such sum shall be allocated as set out hereunder:

(b) Except in respect of a casual employee who works for an employer for less than four weeks every employer shall deduct each week from the remuneration due to each to each employee, as stipulated below, the amount prescribed in Column I hereunder: Provided that such sum shall be allocated as set out here under:

(2) Substitute the following for subclause 4 (a), (b), (c) and (d):

"(4) Overtime: An employee shall be entitled to payment in respect of overtime worked in excess of eight ordinary hours per day as follows:

1. General: An employer shall not work or require or allow an employee to work overtime: Provided that three hours' overtime may be worked daily in excess of the ordinary hours prescribed in clause 7 (1) (a) without the permission of the Council. Permission to work overtime in excess of three hours per day shall first be obtained by the employer from the Council in writing. Written permission to work overtime on essential services shall also be obtained by the employer from the Council prior to commencing such work. In the case of emergency work, overtime may be worked without prior permission of the Council: Provided that the employer shall report such work to the Council within the first four hours of the next working day after such emergency has arisen. For the purposes of this Agreement, all time worked in excess of the number of ordinary hours of work specified in clause 7 shall be deemed to be overtime. An employee shall be paid for overtime at overtime rates only after having completed 40 hours per week at his rate of wages, except in the case where an employee has started with an employer during such week and for that reason has not been able to complete 40 hours' ordinary time: Provided further that time lost with his employer's permission or covered by a medical certificate shall, for the purposes of this proviso, be deemed to be time worked: Provided further that the above shall not apply to an employee who is patrolling premises and guarding property.

2. Payment for overtime: An employee who is required to work any time outside the hours as prescribed in clause 7 (1) (a) shall be paid—

1. at least one and one-half times the employee's wage, except any day which he may have worked in lieu of another day as mutually agreed; or
2. pay an employee not less than the employee's ordinary wage for overtime worked and grant the employee at least 30 minuses' time off on full pay for every hour of overtime worked; or
3. grant an employee at least 90 minutes' paid time off for each hour of overtime worked.

3. Payment for work on Sundays: An employer shall pay an employee at least double the rate of his wage, unless otherwise stated in the certificate of exemption, for all time worked.

4. Minimum hours: The ordinary hours of work plus overtime shall not exceed 55 hours per week.".

4. CLAUSE 11: HOLIDAY FUND

Substitute the following for subclause (3):

"(3) An employer shall contribute and pay to the Council an amount of 15 working days' wages. An additional two weeks' bonus will be added. It will all form part of the employer's weekly contribution to the Holiday Fund. All public holidays inclusive of those that fall within the builder's annual holiday period shall be paid directly by the employers to the employees.".

5. CLAUSE 12: PENSION AND PROVIDENT FUNDS

(1) Substitute the following for subclause (1) (a) to (j):

"(1 ) Pension Fund: (a) The Pension Fund negotiated with Fedsure Life Assurance Limited (Registration Number 121817944), is discontinued and paid-up as per arrangement with Fedsure Life Assurance Limited. All employees currently employed and who are members of the Pension Fund will be bound to join the Provident Fund.

(b) Contributions towards the Provident Fund for employees who are members of the Pension Fund will be at the same rate, namely 12,36%. The employer's contribution~towards the Provident Fund for former member of the Pension Fund will be a 6,18% allowance added to the hourly wage in lieu of the contributions towards the Provident Fund. The allowance does not form part of the hourly wage and will apply for one year only.".

(2) In subclause (2) substitute (d), (fl and (9) for the following:

"(d) Membership of the Provident Fund shall be compulsory for all employees for whom wages are prescribed in clause 8 (1) (a) (i) and (ii).

(f) The contribution towards the Provident Fund amounts to 7,5% of wages. The Provident Fund contribution shall be on a 50% employer and 50% employee basis and shall be increased yearly.

(g) An additional amount of 63c shall be contributed by employers on behalf of employees for whom wages are prescribed in clause 8 (1 ) (a) (i) and 49c on behalf of employees for whom wages are prescribed in clause 8 (1 ) (a) (ii), towards the Funeral Fund, which forms part of the Provident Fund.

The Life Assurence Scheme is discontinued. A Death Benefit is included in the Provident Fund.".

6. CLAUSE 13: MEDICAL AID FUND

Substitute subclause (3) for the following:

"(3) Membership of the Fund: (a) Membership of the Fund shall be compulsory for all employees for whom wages are prescribed in clause 8 (1) (a) and those employees who on the date of coming into operation of this Agreement are members of the Fund.". The current medical aid scheme will continue for the current scheme. All other employees will become members of a new assistance plan and the contribution will be 50% by the Employer and 50% by the Employee.

7. CLAUSE 14: BUILDING INDUSTRY SICK FUND

Substitute subclause (3) for the following:

"(3) An employee who by reason of sickness or accident is unable to perform his work for a period of one working day, shall be entitled to sick pay for working days only, from day one, upon submission of a claim form as well as a medical certificate.".

Thus done and signed at Bloemfontein on this 14th January 2000, for and on behalf of the Bargaining Council for the Building Industry (Bloemfontein).

C. H. VAN ZYL
Chairman

E. D. MYBURGH
Council Member

A. C. M. VAN VUUREN
Secretary