Government Gazette

Vol. 420, No. 21245, 9 June 2000

Regulation Gazette, No. 6821

No. R. 553

LABOUR RELATIONS ACT, 1995

ROAD FREIGHT INDUSTRY: EXTENSION OF B-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 Amending Agreement which appears in the Schedule hereto, which was concluded in the National Bargaining Council for the Road Freight 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 that Industry, with effect from 19 June 2000, and for the period ending 28 February 2001.

M. M. S. MDLADLANA
Minster of Labour

SCHEDULE

NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT INDUSTRY

B-AGREEMENT

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

Road Freight Employer's 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

(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. 920 of 24 July 1998, as amended and extended by Government Notices Nos. R. 1689 of 24 December 1998, R. 209 of 19 February 1999, R. 285 of 12 March 1999, R. 319 of 19 March 1999, R. 574 of 7 May 1999, R. 1315 of 12 November 1999, R. 145 of 18 February 2000, and R. 295 of 31 March 2000.

1. SCOPE OF APPLICATION

1. The terms of this Agreement shall be observed in the Road Freight Industry—

1. by all employers who are members of the employers organisation and by all employees who are members of the trade unions, and who are engaged and employed therein, respectively;

2. in the Republic of South Africa, excluding the following Magisterial Districts: Alberton, Benoni, Boksburg, Brakpan [excluding those portions of the Magisterial Districts of Boksburg and Brakpan which, prior to the publication of Government Notice No. 1779 of 6 November 1964, fell within the Magisterial District of Heidelberg, and excluding those portions of the Magisterial District of Brakpan which, prior to 1 April 1996 and 1 July 1972 (Government Notices Nos. 498 and 871 of 1 April 1996 and 26 May 1972, respectively), fell within the Magisterial District of Nigel], Delmas, Germiston, Johannesburg, Kempton Park [excluding those portions which, prior to 29 March 1956 and 1 November 1970 (Government Notices Nos. 556 and 1618 of 29 March 1956 and 2 October 1970, respectively) fell within the Magisterial District of Pretoria], Krugersdorp [including those portions of the Magisterial Districts of Koster and Brits which, prior to 26 July 1963 and 1 June 1972, respectively (Government Notices Nos. 1105 of 26 July 1963 and 872 of 26 May 1972), fell within the Magisterial District of Krugersdorp], Oberholzer (excluding that portion of the Magisterial District of Oberholzer which, prior to the publication of Government Notice No. 1745 of 1 September 1978, fell within the Magisterial District of Potchefstroom), Randburg (excluding that portion which, prior to the publication of Government Notice No. 2152 of 22 November 1974, fell within the Magisterial District of Pretoria), Randfontein (including that portion of the Magisterial District of Koster which, prior to the publication of Government Notice No.1105 of 26 July 1963, fell within the Magisterial District of Randfontein, but excluding the farms Moadowns 1, Holfontein 17, Leeuwpan 18, Ireton 19, Pahtiki 20, Bospan 21 and Rietfontein 48), Roodepoort, Springs, Vanderbijlpark, Vereeniging and Westonaria.

2. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply only to employees for whom minimum wages are prescribed on this Agreement 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 owner who drives his own vehicle and the employees employed in connection with such a vehicle; and
2. an employer who operates one truck with one driver, and the employees employed by such employer.

4. The provisions of clauses 1 (1) (a) and 1 A of this Agreement shall not apply to employers and employees who are not members of the employers' organisation and trade unions who entered into this Agreement.

1A. 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.

2. CLAUSE 2: DEFINITIONS

Delete the definition of "new employer".

3. CLAUSE 4: WAGES

In subclause (1) (a) delete the expression "Provided that if a new employer, as defined in clause 1 (2), has been engaged in the Industry for more than 12 months but not more than 24 months in the aggregate, such wages may be reduced by not more than 10 per cent during such period, "hereafter the minimum wages specified in paragraphs (b), (c) and (d) shall become payable and be paid.".

4. Insert the following new clause 40:

"40. SEVERANCE PAY

1. An employer must pay an employee who is dismissed for reasons based on the employer's operational requirements, severance pay based on the following scale, but limited to a maximum payment of seventeen weeks, even if the employee has worked for more than 10 years:

2. For the purposes of calculating an employee's severance pay, remuneration—

1. includes the cash value of any payment in kind that forms part of the employee's remuneration unless the employee receives that payment in kind; but

2. excludes—

1. gratuities;
2. allowances paid to an employee for the purposes of enabling an employee to work; and
3. any discretionary payments not related to the employees hours of  work or work performance.

3. If an employee's remuneration is calculated, either wholly or in part, on a basis other than time, or if an employee's remuneration or wage fluctuates significantly from period to period, any payment to that employee in terms of this Agreement must be calculated by reference to the employee's remuneration or wage during the preceding 13 weeks; or, if the employee has been in employment for a shorter period, that period.
4. In calculating an employees remuneration, if overtime earned over the preceding 13 weeks is included in the calculation, such overtime will be limited to a maximum of 10 hours per week.".

Signed at Johannesburg, for and on behalf of the parties to the Council, this 22nd day of March 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