Government Gazette

Vol. 420, No. 21283, 23 June  2000

Regulation Gazette, No. 6831

No. R. 628

LABOUR RELATIONS ACT, 1995

MOTOR INDUSTRY MIBCO: EXTENSION OF ADMINISTRATIVE

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 Motor Industry Bargaining Council 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 3 July 2000, and for the period ending 31 August 2000.

M. M. S. MDLADLANA
Minister of Labour

SCHEDULE

MOTOR INDUSTRY BARGAINING COUNCIL—MIBCO

ADMINISTRATIVE COLLECTIVE AGREEMENT

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

South African Motor Industry Employers' Association

and the

South African Vehicle Builders' and Repairers' Association

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

National Union of Metalworkers of South Africa

Motor Industry Employees' Union of South Africa

and the

Motor Industry Staff Association

(hereinafter referred to as the "employees" or the "trade unions") of the other part, being the parties to the Motor Industry Bargaining Council—MIBCO, to amend the Administrative Collective Agreement published under Government Notice No. R. 959 of 7 August 1998 as amended by Government Notices Nos. R. 1467 of 20 November 1998, R. 985 of 20 August 1999 and R. 503 of 26 May 2000.

1. SCOPE OF APPLICATION

  1. The terms of this Agreement shall be observed in the Motor Industry—
  1. throughout the Republic of South Africa as it existed prior to the coming into operation of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);
  2. by the employers and the employees in the Motor Industry who are members of the employers' organisations and the trade unions, respectively.
  1. Notwithstanding provisions of subclause (1), the provisions of this Agreement shall apply to—
  1. apprentices only in so far as they are not inconsistent with the provisions of or any conditions fixed under the Manpower Training Act, 1981; and
  2. trainees undergoing training under the Manpower Training Act, 1981, only in so far as they are not inconsistent with the provisions of or any conditions fixed under that Act.
  1. The provisions of clauses 1 (1) (b) and 2 of this Agreement shall not apply to employers and employees who are not members of the employers' organisations and trade unions, respectively.

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 Act, and shall remain in operation for the period ending 31 August 2000.

3. CLAUSE 5: EXEMPTIONS

  1. Substitute the following for subclause (1) of this clause:

"(1) Exemption from any of the provisions of any of the Council's Agreements may be granted by the Council or regional councils, to any party on application.".

  1. Insert the following new subclause (5):

"(5) In respect of establishments registered under Chapters II or III of this Agreement, the following exemptions procedure applies:

  1. An employer that applies for an exemption from paying the prescribed wage increase or from paying on actuals, must complete the wage exemption application form available on request from the local regional councils.
  2. The employer must consult its employees on the employer's intention to apply for an exemption and the application for exemption must contain details and proof of the consultation process.
  3. The employer in the application must furnish all relevant financial information supporting the exemption applied for.
  4. The employer must lodge the application for exemption with the local regional council, and the employer must specify that it is a Chapter II or III application for exemption the exact nature of the exemption applied for as prescribed in subclause (5) (a) of this clause.
  5. The regional council must make a decision on the application for an exemption within 30 days from the date upon which the application was lodged.
  6. If the application of a non-party establishment for exemption is rejected, the employer may lodge an appeal with the Independent Board and if the application of a Party establishment is rejected, the employer may appeal to the National Council.".

  1. Renumber the existing subclauses (5) and (6) to read (6) and (7) respectively.

  2. In subclause (6), substitute the expression "(6)" for the expression "(5)".

Signed at Randburg, on behalf on the parties, this 20th day of April 2000.

R. BASTICK
President of the Council

M. LOUW
Vice-President of the Council

B. G. DU PREEZ
General Secretary of the Council