Government Gazette

Vol. 420, No. 21313, 30 June 2000

Regulation Gazette, No. 6835

No. R. 641

DEPARTMENT OF LABOUR

LABOUR RELATIONS ACT, 1995

ROAD FREIGHT INDUSTRY: EXTENSION OF PROVIDENT COLLECTIVE AMENDING AGREEMENT TO NO~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 10 July 2000, and for the period ending 28 February 2001.

M. M. S. MDLADLANA
Minister of Labour

SCHEDULE

NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT INDUSTRY

COLLECTIVE PROVIDENT FUND 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 the

Transport and Allied Workers' Union

(hereinafter referred to as the "employees" or the "trade union"), 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. 921 of 24 July 1998, as amended and extended by Government Notices Nos. R. 210 of 19 February 1999, R. 317 of 19 March 1999, R. 450 of 16 April 1999, R.1009 of 27 August

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 in the said Industry, respectively;
  2. in the Magisterial Districts of 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 1966 and 1 July 1972 Government Notices Nos. 498 and 871 of 1 April 1966, 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 Pretorial, 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 and 872 of 26 July 1963 and 26 May 1972, respectively), 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, Vanderbqlpark, Vereeniging and Westonaria.
  3. In the Republic of South Africa, excluding the magisterial districts detailed in subclause (1) (b) above.
  1. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to the employees for whom minimum wages are prescribed in the Main Agreement and to the employers of such employees.
  2. 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;
  2. an employer who operates one vehicle with one driver and the employees employed by such employer;
  3. an employer whose establishment falls within the magisterial districts detailed in subclause (1) (b) above and who, at the time of publication of Government Notice No. R. 3146 of 20 December 1991, had an existing pension or provident fund registered with the Registrar of Pension Funds, covering employees for whom minimum wages are prescribed in the Main Agreement, and the employees of such an employer;
  4. an employer whose establishment falls within the magisterial districts detailed in subclause (1) (b) above, who prior to the publication of Government Notice No. R. 3146 of 20 December 1991, did not have an existing pension or provident fund registered with the Registrar of Pension Funds covering employees for whom minimum wages are prescribed in the Main Agreement, but who, before 1 January 1991, commenced negotiations for the establishment of a pension or provident fund for employees covered by the Main Agreement.
  5. an employer whose establishment falls within the magisterial districts detailed in subclause (1) (c) above and who, at the time of publication of Government Notice No. R. 450 of 16 April 1999, had an existing pension or provident fund registered with the Registrar of Pension Funds covering employees for whom minimum wages are prescribed in the Main Agreement, and the employees of such an employer;
  6. an employer whose establishment falls within the magisterial districts detailed in subclause (1) (c) above and who, prior to the publication of Government Notice No. R. 450 of 16 April 1999, did not have an existing pension or provident fund registered with the Registrar of Pension Funds covering employees for whom minimum wages are prescribed in the Main Agreement, but who, before 1 March 1999, commenced negotiations for the establishment of a pension or provident fund for employees covered by the Main Agreement.
  1. The provisions of clauses 1 (1) (a), 2 and 12 of this Agreement shall not apply to employers and employees who are not members of the employers' organisation or trade unions that entered into this Agreement.

1. SCOPE OF APPLICATION

  1. The exclusions contained in subclause (3) above shall not apply in respect of subclause 7 (8).

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 Labour Relations Act, 1995, and shall remain in force until 28 February 2001

3. CLAUSE 7: CONTRIBUTIONS

  1. Insert the following new subclause (8):

"(8) The contribution rate applicable to employers and employees who are members of pension or provident funds referred to in clause 1 (3) shall not be less than the percentage deductions specified in Annexure A.n. Signed at Johannesburg, for and on behalf of the parties to the Council, this 7th day of April 2000.

J. J. DUBE
Chairman of the Council

G. F. VAN NIEKERK
Vice-Chairman of the Council

B. S. E. GRATZ
Secretary of the Council