Government Gazette

Vol. 420, No. 21283, 23 June 2000

Regulation Gazette, No. 6831

No. R. 629, 2000

PROCLAMATION

by the President of the Republic of South Africa

LABOUR RELATIONS ACT, 1995

MOTOR INDUSTRY—MIBCO: EXTENSION OF MAIN 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, ;995, declare that the Collective Amending Agreement which appears in the Schedule hereto, which was concluded in the Motor Industry Bargaining Council—MIBCO 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 2001.

M. M. S. MDLADLANA
Minister of Labour

SCHEDULE

MOTOR INDUSTRY BARGAINING COUNCIL—Ml8CO

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 Collective Agreement published under Government Notice No. R. 962 of 14 August 1998, as amended and extended by Government Notice No. R. 1093 of 28 August 1998, R. 1468 and R. 1469 of 20 November 1998, R. 987 of 20 August 1999 and R. 506 of 26 May 2000.

PREAMBLE

1. PERIOD OF OPERATION OF AGREEMENT

This Agreement will come into operation on such date as may be fixed by the Minister of Labour in terms of section 32 of the Act, and will remain in operation for the period ending 31 August 2001.

2. MINIMUM TERMS AND CONDITIONS

Unless stated otherwise in this Agreement the terms and conditions of this Agreement are minimum prescribed conditions applicable to employers and employees in the Industry, and it is accepted that different terms and conditions may be negotiated at establishment level in accordance with the principles of voluntarism and of collective bargaining: Provided that such terms and conditions are not less favourable than the terms and conditions prescribed in this Agreement.

DIVISION A

3. CLAUSE 1: SCOPE OF APPLICATION

1. The terms of this Agreement must be observed in the Motor Industry—

1. throughout the Republic of South Africa as it existed prior to the commencement of the Constitution of the
2. by the employers and the employees in the Motor Industry who are members of the employers' organisations and the trade unions, respectively.

2. Notwithstanding the provisions of subclause (1), the provisions of this Agreement will 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.

3. (a) The provisions of this Agreement on ordinary hours of work, overtime and Sunday work as set out in the Schedule of this subclause, will not apply to managers and foremen who receive not less than—

1. R1 500,00 per week if employed in any A Areas;
2. R1 275,00 per week if employed in any other area.

SCHEDULE

Clause 18.............................................................................................................. Hours of work

Clause 21............................................................................................................. Sunday work

Clause 19............................................................................................................. Overtime

(b) Employees earning in excess of R1 500 per week if employed in any A Areas, or R1 275,00 per week in any other areas, may not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation.

4. Clause 1 of the Preamble, clause 1 (1) (b) of Division A, clause 4(7)of Chapter II of Division C and clause 4(6)of Chapter lit of Division C of this Agreement will not apply to employers and employees who are not members of the employers' organisations and trade unions, respectively.

4. CLAUSE 9: SPECIAL PROVISIONS RELATING TO WATCHMEN

In subclause (3), substitute the amount "R295,00" for the amount "R275,00".

5. CLAUSE 11: SICK LEAVE

Insert the following new subclause (8):

"(8) Notwithstanding the contents of this clause, no person who is entitled to sick pay benefits in terms of any sick fund scheme conducted by the Council, and who is absent from work through sickness or any accident not caused by his misconduct or neglect, will be entitled to any paid sick leave from his or her employer in terms of this clause.".

6. CLAUSE 12: ADDITIONAL HOLIDAY PAY FOR APPRENTICES

1. In subclause (1) (a), substitute the amounts "R10,96","R15,82" and "R18,25" for the amounts "R10,15","R14,65" and "R16,90", respectively.
2. In subclause (1) (b), substitute the amounts "R10,96","R13,39","R15,82" and "R18,25" for the amounts "R10,15", "R12,40","R14,65" and "R16,90", respectively.

7. CLAUSE 27: ADDITIONAL HOLIDAY PAY

1. In subclause (2) (a), substitute the amounts "R29,16" and "R32,40" for the amounts "R27,00" and "R30,00", respectively.
2. In subclause (2) (b), substitute the amount "R32,40" for the amount "R30,00".

DIVISION B

8. CLAUSE 3: WAGES

1. Substitute the following for the Wage Schedule prescribed in subclause (1 ) of this clause:

"WAGE SCHEDULE

* One eleventh of the minimum weekly wage prescribe for clerical employees in (a) hereof, for ordinary time worked on each day on any one week, or one forty-fifth of such prescribe minimum weekly wage for each hour or part of an ordinary time worked in any one week, whichever is the greater.".

9. CLAUSES: ANNUAL LEAVE

2. In subclause (13) (b), substitute the amount '`R1 685" for the amount "R1 560".

DIVISION C

CHAPTER 1

1. CLAUSE3: WAGES

Substitute the following for the Wage Schedule prescribed in subclause (1):

"WAGE SCHEDULE

* A process will be initiated immediately to determine the phasing in the period and the criteria to permit a R5,00 per hour and R4,03 per hour minimum wage for forecourt attendants in  A and other areas, respectively.

DIVISION C

CHAPTER II

10. CLAUSE 4: WAGES

Substitute the following for the existing clause 4:

"4. Wages

1. Preamble:

Negotiations are based on increases to actual and minimum wages as set out in this clause.

2. Minimum wage:

Subject to the provisions of subclause (3) of this clause, which deals with the setting bonus, the minimum wage that an employer shall pay to each of his employees of the undermentioned classes shall be as set out hereunder in Parts A and B of the Schedule and no employee shall accept a wage lower than that specified for his class.

3. Setting bonus:

The minimum weekly rates prescribed in Part B of the Schedule hereunder must be increased by R5,00 per week if the employee at any time in the course of his duties sets and adjusts the machine(s) he operates:

SCHEDULE

PART A: MISCELLANEOUS

MINIMUM WAGES

PART B: OPERATIVES

MINIMUM WAGES

4. An employer must pay the employees the increases on their actual wages set out in Part C of the Schedule.

PART C: ACTUAL WAGES

Grade 1-7,5% for those employees earning less than R6,50 per hour

Grade 2-7,35% for those employees earning less than R10,00 per hour

Grade 3-7,20% for those employees earning less than R10,50 per hour

Grade 5-7,05% for those employees earning less than R12,80 per hour

Grade 6-6,95% for those employees earning less than R14,60 per hour

Grade 7-6,50% for those employees earning less than R17,75 per hour

Grade 8-6,50% for those employees earning less than R19,80 per hour

6,0% across the board for all other employees

5. In order to determine and implement wage increases for 2000/2001, the latest available CPI figures at the time of the negotiations will be used, and if the CPI falls outside the range of 5% to 9% then negotiations wit be reopened and the negotiations will be guided by the inflation rate.
6. An employer who has already granted a wage increase for 1999 may offset those increases against the percentages set out in Part C of the Schedule.
7. The parties undertake not to embark upon or participate in any industrial action as a result of disputes on minimum wages and percentage increases relating to any other chapters of this Agreement provided that the employer has implemented this Agreement. Any such industrial action will be deemed unprotected.
8. An employer may apply for an exemption in respect of increases to actual wages as set out in the Schedule in accordance with clause 5 of the Administrative Agreement.".

DIVISION C

CHAPTER III

"CLAUSE 4: WAGES

Substitute the following for the existing clause 4:

4. WAG ES

1. Preamble:

Negotiations are based on increases to actual and minimum wages as set out in this clause.

2. Duration of the provisions of this clause:

1. An employer may introduce the quantum increases on actual wages in accordance with existing collective agreements at establishment level and the following:

1. The following principles apply to companies with plant agreements effective from 1 July 1999 to 30 June 2000:

(aa) The increases will be effective from the official promulgation and gazetting date of this Agreement to 30 June 2000.

(ab) For the period 1 July 2000 to 31 August 2000, or until such time as the new Agreement is gazetted, the CPI for May 2000 will be used to effect an interim increase for the applicable number of months.

(ac) From 1 September 2000 to 31 August 2001, or for the 12-month period gazetted thereafter, the agreement in respect of the Alternative Year Increases in subclause (4) of the Agreement will become effective.

For example:

The employee earns R14,00.

Increase of 7,5% = R15,05 from promulgation date of this Agreement to 30 June 2000.

CPI May  2000 = 7%

Rate for 1 July 2000 to 31 August 2000 = R15,05 x 7% = R16,02

CPI 1 July 1999 to 30 June 2000 = 6%

Rate from 1 September 2000 to 31 August 2001 = R15,05 x 6,5% = R16,02.

2. The following principles apply to companies with plant agreements effective from 1 January 1999 to 31 December 1999:

(aa) The current plant agreement remains in force until 31 December 1999.

(ab) With effect from promulgation date of this Agreement to 31 August 2000, the company must pay a pro rata increase for the respective number of months calculated as follows:

For example:

The employee earns more than R10,00:

7,5% x number of months
12

3. For the period ending 31 August 2000 or the period in line with establishment level agreements, the following increases must be paid on actual wages:

1. 8% for employees earning up to R9,99 per hour.
2. 7,5% for employees earning R10,00 and more per hour.

4. Alternative year wage increases:

1. In respect of the period 1 September 2000 to 31 August 2001, or for the 12 months aver the effective date of the Amending Main Collective Agreement, the employer must pay the following:

1. To employees earning up to R9,99 per hour—

(aa) a guaranteed increase of 7% if the CPI range is between 5% and 6,99%; and

(ab) an increase equivalent to the inflation rate if the CPI range is 7% or more.

2. To employees earning R10,00 or more per hour—

(aa) a guaranteed increase of 6,5% if the CPI range is between 5% and 6,49%; and

(ab) an increase equivalent to the inflation rate if the CPI range is 6,5% or more.

2. The CPI (headline) for the period 1 July 1999 to 30 June 2000 as an average over the 12-month period must be used for purposes of calculating the increases set out above.

3. If the CPI is below 5% or 10% and more then the parties agree to re-open negotiations and these negotiations must be guided by the inflation rate.

5. An employer that has already granted a wage increase for 1999 may offset those increases against the percentage set out in Parts C and D of the Schedule in this clause.
6. The parties undertake not to embark upon or participate in any industrial action as a result of disputes on minimum wages and percentage increases relating to any other chapters of this Agreement provided the employer has implemented this Agreement. Any such industrial action will be deemed unprotected.
7. An employer may apply for an exemption in respect of the increases to actual wages as set out in this clause in accordance with clause 5 of the Administrative Agreement.
8. Minimum Wage:

Subject to the provisions of sub-clause (9) of this clause, which deals with bonuses, the minimum wage that an employer must pay to each of his employees of the undermentioned classes must be as set out hereunder in Parts A and B of the Schedule and no employee may accept a wage lower than that specified for his class.

Employers must permit employees for whom wages are prescribed in Part B to the Schedule to use measuring instruments and/or gauges, and the minimum weekly prescribed wage must be increased if the employee at any time in the course of his or her duties uses—

1. a vernier gauge and/or micrometer, in which event the prescribed wage must be increased by R13,80 per week; or
2. a tape and/or square, and/or sets and adjusts the machine he operates. in which event the prescribed wage must be increased by R9,20 per week.

SCHEDULE

PART A: MISCELLANEOUS

PART B: OPERATIVES WHO MAY QUALIFY FOR SETTING BONUS

DIVISION C: CHAPTER IV

CLAUSE 4: WAGES

1. Substitute the following for the Wage Schedule to this Clause:

"WAGE SCHEDULE

2. Substitute the following for Note 1 at the end of the Wage Schedule:

"Operative engine assembler

For the first 18 months of experience: R431,55 per week (R9,59 per hour).

Thereafter: R663,75 per week (R14,75 per hour).

Operative, Grade A

For the first 12 months of experience: R431,55 per week (R9,59 per hour).

Operative, Grade B

For the first 6 months of experience: R355,05 per week (R7,89 per hour).

Thereafter: R379,80 per week (R8,44 per hour)".

DIVISION C

CHAPTER V

13. CLAUSE 4: WAGES

1. Substitute the following for the Wage Schedule to this clause:

"WAGE SCHEDULE

PART A: MISCELLANEOUS

PART B: OPERATIVES

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

R. BASTICK
President of the Council

M. LOUW
Vice-Pre~ident of the Council

B. G. DU PREEZ
General Secretary of the Council