Government Gazette

Vol. 420, No. 21313, 30 June 2000

Regulation Gazette, No. 6835

No. R. 646

LABOUR RELATIONS ACT, 1995

METAL AND ENGINEERING INDUSTRIES BARGAINING COUNCIL: EXTENSION OF REGISTRATION AND ADMINISTRATION EXPENSES COLLECTIVE RE-ENACTING AND 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 Re-enacting and Amending Agreement which appears in the Schedule hereto, which was concluded in the Metal and Engineering Industries Bargaining Council 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 1 July 2000, and for the period ending 31 March 2005.

M. M. S. MDLADLANA
Minister of Labour

 

SCHEDULE

METAL AND ENGINEERING INDUSTRIES BARGAINING COUNCIL REGISTRATION AND
ADMINISTRATION EXPENSES COLLECTIVE AGREEMENT

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

Association of Electric Cable Manufacturers' of South Africa
Border Industrial Employer's Association
Bright Bar Association
Cape Engineers' and Founders' Association
Constructional Engineering Association (South Africa)
Covered Conductor Manufacturers' Association
Electrical Engineering and Allied Industries' Association
Electronics and Telecommunications Industries' Association
Ferro Alloy Producers' Association
Gate and Fence Association
Hand Tool Manufacturers' Association (HATMA)
Iron and Steel Producers' Association of South Africa
KwaZulu-Natal Engineering Industries' Association
Lift Engineering Association of South Africa
Light Engineering Industries' Association of South Africa
Materials Handling Association
Non-Ferrous Metal Industries' Association of South Africa
Plastics Manufacturers' Association of South Africa
Plumbers and Engineers, Brassware Manufacturers' Association
Port Elizabeth Engineers' Association
Pressure Vessel Manufacturers' Association of South Africa
Radio, Appliance and Television Association of South Africa (RATA)
Refrigeration and Air-Conditioning Manufacturers' and Suppilers' Association
Sheetmetal Industries' Association of South Africa
S.A. Electro-Plating Industries' Association
S.A. Engineers and Founders' Association
S.A. Fasteners Manufacturers' Association (SAFMA)
S.A. Refrigeration and Air-Conditioning Contractors' Association (SARACCA)
S.A. Pump Manufacturers' Association
S.A. Reinforced Concrete Engineers' Association (SARCEA)
S.A. Tube Makers' Association
S.A. Valve and Actuator Manufacturers' Association (SAVAMA)
S.A. Wire and Wire Rope Manufacturers' Association

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

Electronic and Metal Workers' Union of South Africa
National Employees' Trade Union
National Union of Metalworkers of South Africa (NUMSA)
Metal and Electrical Workers' Union of S.A.
Mineworkers' Union
S.A. Electrical Workers' Association
S.A. Workers' Union
Steel, Engineering and Allied Workers' Union of South Africa (SOUSE)

(hereinafter referred to as the "employees" or the "trade unions"), of the other part, being the parties to the Metal and Engineering Industrial Bargaining Council, to amend the Agreement published under Government Notice No. R. 651 of 8 May 1998, as re-enacted amended and extended by Government Notices Nos. R. 1097 of 17 September 1999, as extended by Government Notice R. 312 of 31 March 2000.


PART 1: GENERAL

1. SCOPE OF APPLICATION OF AGREEMENT

  1. The terms of this Agreement shall be observed—
  1. throughout the Republic of South Africa; and
  2. by all the employers and employees in the Iron, Steel, Engineering and Metallurgical Industries who are members of the employers' organisations and the trade unions, respectively.
  1. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall not apply to—
  1. the manufacture, for sale, of standard high-speed cutting tools made from high-speed steel by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Johannesburg, Boksburg, Vereeniging and Pietermaritzburg;
  2. the installation, maintenance and repair of electrical equipment referred to in paragraph (b) of the definition of 'Electrical Engineering Industry' in clause 3 of Part I of the Main Agreement published under Government Notice No. R. 404 of 31 March 1998, in the Provinces of the Cape of Good Hope and the Orange Free State;
  3. assembling, servicing, installation, maintenance and/or repair of appliances, equipment, machines, devices and apparatus, whether utilising manual, photographic, mechanical, electrical, electrostatic or electronic principles, or any combination of such principles, which are primarily intended for use in accounting and/or business and/or calculating and/or office and/or educational procedures;
  4. the Venetian Blind and Allied Products' Manufacturing Industry in the Province of the Transvaal;
  5. the installation and/or repair of burglar and/or other similar alarm systems in the Provinces of the Cape of Good Hope and the Orange Free State;
  6. the Locksmithing Trade in the Magisterial Districts of Benoni, Boksburg, Durban, Garmiston, Johannesburg, Krugersdorp, Lower Umfolozi, Pinetown, Port Elizabeth, Pretoria, Randburg, Roodepoort, Springs and The Cape;
  7. the production, for sale, of welding electrodes by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Brits, Germiston, Kempton Park and Pretoria;
  8. the installation and/or repair and/or servicing of radios and/or refrigerators and/or domestic electrical appliances in the Province of the Cape of Good Hope and the Orange Free State;
  9. (i) the manufacture by mass production methods from sheetmetal of a gauge not heavier than 2,108 mm of—
  1. commercial, plain, or lithographed containers for the packaging of general merchandise, but excluding the manufacture of such containers by any person for the packaging of his own products;
  2. bottle, jar and other container closures;
  3. plain or lithographed metal toys;
  4. plain or lithographed display tablets;

(ii) the manufacture of plain or lithographed rigid and/or collapsible tubes from non-ferrous metal slugs. For the purposes of this subparagraph, "rigid tube" shall mean a container; and for the purposes of subparagraphs (i) and (ii), a "container" shall mean a plain or lithographed article designed for the packaging, for transport or sale of products, and capable of being closed by means of a lid or cap or any other type of closure;

  1. the manufacture from tinplate of a gauge not exceeding 0,416 mm of trunks and other containers designed to how personal effects, sporting kit, tools and documents, and other lines manufactured principally from such tinplate.
  1. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to—

  1. apprentices only in so far as they are not inconsistent With the provisions of the Manpower Training Act, 1981, or any contract entered into or any conditions fixed thereunder; and

  2. trainees under training in terms of section 30 of the Manpower Training Act, 1981, only in so far as they are not inconsistent with the provisions of that Act or any conditions fixed thereunder.

  1. Clauses 1 (1) (b), 2 and 3 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 Labour Relations Act, 1995, and shall remain in force until 31 March 2005.

3. SPECIAL PROVISIONS

The provisions contained in clause 8 of the Agreement published under Government Notice No. R. 1097 of 17 September 1999, as extended by Government Notice No. R. 312 dated 31 March 2000 (hereinafter referred to as the "Former Agreement") shall apply to employers and employees.

4. GENERAL PROVISIONS

The provisions contained in clauses 3 to 7 and 9 to 10 of Parts I to IV of the Former Agreement shall apply to employers and employees.

5. CLAUSE 3: DEFINITIONS

  1. Substitute the following for the definition of "establishment":

" 'establishment' means any premises wherein or whereon the industries, or part thereof, as herein defined, are carried on, subject to any demarcation determination made in terms of section 76 of the Labour Relations Act, 1956, and/or section 62 of the Labour Relations Act, 1995.".

  1. Substitute the following for the introductory paragraph of the definition of "Motor Industry":

"Motor Industry' means (subject to the provisions of any demarcation determinations made in terms of section 76 of the Labour Relations Act, 1956, and/or section 62 of the Labour Relations Act, - 1995.".

  1. Substitute the following for the definition of "Plastics Industry":

'' Plastics Industry' means the industry concerned with the conversion of thermoplastic and/or thermosetting polymers, including the compounding or recycling thereof, or the manufacture of articles or parts of articles wholly or mainly made of such polymers into rigid, semi-rigid or flexible form, whether blown, moulded, extruded, cast, injected, formed, calendered, coated, compression moulded or rotational moulded, Including in-house printing on such plastics by the manufacturers, and all operations incidental to these activities.".


PART II

6. CLAUSE 6: CONTRIBUTIONS

  1. Substitute the following for subclause (3):

"(3)  (a) From the earnings of every employee to whom this Agreement applies the employer shall, each week, including weeks on which the employee is absent on paid leave, deduct the following:

  1. 32 cents per week In respect of employees engaged on work classified below Rate DO in terms of the Main Agreement or, where such classification is not applicable, in receipt of an hourly rate of R13,04 or less;
  2. 58 cents per week In respect of employees engaged on work classified on Rate DO or above in terms of the Main Agreement or, where such classification is not applicable, in receipt of an hourly rate in excess of R13,04.

(b) To the amounts deducted in terms of paragraph (a) hereof, the employer shall add an equal amount and forward the total sum to the Council each months.

  1. Substitute the following for subclause (4):

"(4) In any establishment in which the total amount payable to the Council in terms of subclause (3) hereof amounts to less than R32 per month, the employer shall make up the amount to R32 and forward the amount to the Council each month.".


PART IV

7. CLAUSE 9: EXEMPTIONS

Substitute the following for clause 9:

"(1) General

  1. Any person bound by this Agreement may apply for exemption.
  2. The authority of the Council is to consider applications for exemptions and grant exemptions.

(2) Fundamental principle for cons:
  1. All applications must be in writing and fully motivated and sent to the regional office of the Council for the area in which the applicant is located.
  2. In scrutinising an application for exemption the Council will consider the views expressed by the employer and the workforce, together with any other representations received in relation to that application.
  3. The employer must consult with the workforce, through a trade union representative or, where no trade union is involved, with the workforce itself, and must include the views expressed by the workforce in the application.

Where the views of the workforce differ from that of the employer, the reasons for the views expressed must be submitted with the application. Where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application.

  1. The exemption shall not contain terms that would have an unreasonably detrimental effect on the fair, equitable and uniform application of this Agreement in the Industry
  1. An application for exemption shall not be considered if the contents of the application are covered by an arbitration award binding the applicant.

(3) Urgent application:

  1. In cases of urgent applications, details may be faxed or delivered to the Council in the region where the applicant is located.
  2. The Council or Chairperson and Vice-Chairperson will consider the application, make a decision and communicate that decision to the applicant without delay.
  3. The applicant is expected to put forward a substantive explanation as to the urgency of the application.

(4) Process:

  1. The Council shall issue to every person to whom exemption has been granted an exemption licence, setting out the following:
  1. the full name of the person or enterprise concerned;
  2. the provisions of this Agreement from which the exemption has been granted; (iii) the conditions subject to which exemption is granted;
  3. the period of the exemption;
  4. the date from which the exemption shall operate; and (vi) the area in which the exemption applies.
  1. The Council shall ensure that—
  1. all exemption licences issued are numbered consecutively;
  2. an original copy of each licence is retained by the Council;
  3. a copy of the exemption licence is sent to the applicant.
  1. Unless otherwise specified in the licence of exemption, any exemption from this Agreement shall be valid only in the region of the Council in which the application was made.
  2. The Council may withdraw the exemption at its discretion.

(5) Appeals

  1. The Council Secretary will on receipt of an appeal against a decision of the Council submit it to the Independent Exemptions Appeal Board for consideration and finalisation.
  2. An independent body, referred to as the Independent Exemptions Appeal Board (the Board), is hereby appointed and shall consider, in accordance with the provisions of section 32 (3) (e) and (fl of the Act, any appeal against an exemption granted or refused by the Council, or a withdrawal of an exemption.
  3. In considering an appeal the Board shall consider the recommendations of the Council, any further submissions by the employer and the workforce or their respective employers' organisations or trade unions and shall take into account the criteria set out above and also any other representations received in relation to the application.
  4. Should the appeal be granted, a licence of exemption shall be issued in terms of subclause (4) (a) and (b) above and shall be subject to subclauses (4) (c) and (d).".

Signed at Johannesburg, for and on behalf of the parties, this 11th day of May 2000.

W. P. COETZEE
Vice - Chairperson

D. A. CARSON
Member

J. BEUKES
Acting Council Secretary