Vol. 420, No. 21245, 9 June 2000
Regulation Gazette, No. 6821
No. R. 552
LABOUR RELATIONS ACT, 1995
ELECTRICAL INDUSTRY OF SOUTH AFRICA: EXTENSION OF PENSION AND PROVIDENT FUNDS COLLECTIVE AMENDING AGREEMENT FOR THE ELECTRICAL CONTRACTING SECTION (CAPE REGION) 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 National Bargaining Council for the Electrical Industry of South Africa 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, 19 June 2000, and for the period ending 30 September 2003.
M. M. S. MDLADLANA
Minister of Labour
SCHEDULE
NATIONAL BARGAINING COUNCIL FOR THE ELECTRICAL INDUSTRY OF SOUTH AFRICA
PENSION AND PROVIDENT FUNDS COLLECTIVE AGREEMENT FOR THE ELECTRICAL CONTRACTING SECTION (CAPE REGION)
in accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the
Electrical Contractors' Association (South Africa)
(hereinafter referred to as the "employers" or the "employers' organisation'), of the one part, and the
National Employees' Trade Union
Metal and ' Electrical Workers' Union of South Africa
South African Electrical Worker's Association
and
National Union of Metalworkers 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 Electrical Industry of South Africa, to amend the agreement published and extended to non-parties under Government Notice No. R. 1525 of 27 November 1998 as re-enacted and amended under Government Notice No. R. 943 of 6 August 1999.
1. SCOPE OF APPLICATION
by all employers and employees who are members of the employers' organisation and the trade unions, respectively;
in the Magisterial Districts of The Cape, Wynberg, including that portion of the Magisterial District of Somerset West, which prior to 9 March 1973 (Government Notice No. 173 of 9 February 1973), fell within the Magisterial District of Wynberg, Simonstown, Goodwood and Bellville; in those portions of the Magisterial Districts of Malmesbury and Stellenbosch, which prior to the publication of Government Notices No.171 of 8 February 1957 and 283 of 2 March 1962, respectively, fell within the Magisterial District of Beliville and in that portion of the Magisterial District of Kuils River which, prior to the publication of Government Notice No. 661 of 19 April 1974 fell within the Magisterial District of Stellenbosch but which, prior to 2 March 1962, fell within the Magisterial District of Bellville and in that portion of the Magisterial District of Kuils River which, prior to the publication of Government Notice No. 1683 of 7 August 1987, fell within the Magisterial District of Bellville.
apply to employees engaged by employers in the categories specified in clause 6 of this Agreement as may be amended from time to time; and
not apply to any employee who at the date of coming into operation of this Agreement is, or thereafter becomes, a participant in or a member of any other fund providing provident and/or pension benefits, which fund was in existence on the said date and in which the employer of that employee was on the said date a participant, or to the employer of that employee during such period only as such other fund continues to operate and both employer and employee participate therein, if in the opinion of the Council the benefits of such other fund are, on the whole, not less favourable than the benefits provided by this Fund. A fund which provides solely for payment of benefits on death shall not be deemed to be a pension or provident fund for purposes of this Agreement.
In the event of the expiry of the Main Agreement by the effluxion of time or cessation for any other cause during the currency of this Agreement, the classes of work and minimum rates of pay prescribed in the said Main Agreement shall be deemed to be the classes of work and minimum rates of pay for purposes of this Agreement.
Subclauses 1(1) (a) and (2) of this Agreement shall not apply to employers and employees who are not members of the employers organisation and trade unions, respectively.
2. PERIOD OF OPERATION
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 30 September 2003.
3. CLAUSE 7: CONTRIBUTIONS
In subclause (1), substitute the figure 7,5% for the figure 6,5%.
Signed at Cape Town, as authorised for and on behalf of the parties to the Council, this 1 7th day of March 1999.
A. BENN
Chairperson of the Council
A. A. STANLEY-BEST
Vice - Chairperson of the Council
G. FISHER
Secretary of the Council