Government Gazette

Vol. 422, No. 21441, 11 August 2000

Regulation Gazette, No. 6860

No. R. 780

GOVERNMENT NOTICE

LABOUR RELATIONS ACT, 1995

BARGAINING COUNCIL FOR THE BUILDING INDUSTRY, NORTH AND WEST BOLAND: EXTENSION of AMENDMENT of COLLECTIVE AGREEMENT TO NON-PARTIES

I, Membathisi Mphumuzi Shepherd Mdladlana, Minister of Labour, hereby in terms of section 32 (2) of the Labour Relations Act, 1995, declare that the Collective Agreement which appears in the Schedule hereto, which was concluded in the Bargaining Council for the Building 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 21 August 2000 and for the period ending 17 May 2003.

M. M. S. MDLADLANA
Minister of Labour


SCHEDULE

BUILDING BARGAINING COUNCIL NORTH AND WEST BOLAND

COLLECTIVE AGREEMENT

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

Building Industries Association, North Boland
and
Bou-industriee-Assosiasie, Wes-Boland

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

Building Workers' Union

(hereinafter referred to as the "employees" or the trade union"), of the other part, being the parties to the Building Bargaining Council North and West Boland, to amend the Collective Agreement, extended to non-parties, published under Government Notice No. R. 699 of 15 May 1998, as amended by Government Notices Nos. R. 1612 of 11 December 1998, R. 871 of 16 July 1999, and R. 1234 of 22 October 1999.

1. SCOPE of APPLICATION

  1. The terms of this Agreement shall be observed-
  1. by all employers and by all employees engaged or employed in the Building Industry who are members of the employers' organisations and the trade unions, respectively;
  2. in the Magisterial Districts of Ceres, Hopefield, Montagu, Moorreesburg, Piketberg, Robertson, Swellendam, Tulbagh, Vredenburg and Worcester.
  1. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to-
  1. only those classes of employees for whom wages are prescribed in the Agreement;
  2. apprentices and learners only in so fas as they are not inconsistent with the provisions of the Manpower Training Act, 1981, or any conditions fixed thereunder;
  3. labour-only contractors, working partners and working directors, principals and contractors.
  1. Notwithstanding the provisions of subclause (1) (a) the terms of this Agreement shall not apply to-
  1. clerical employees and administrative staff;
  2. university students and graduates in Building Science and construction surveyors and other such persons doing practical work in the completion of their academic training;
  3. foremen or general foremen;
  4. non-parties in respect of clause 1 (1) (a) of this Agreement.

2. CLAUSE 9: TERMS of EMPLOYMENT

  1. Substitute the following for subclause (1) (a):

 "(1) Ordinary hours of work:

  1. No employee shall ordinarily be required to work more than the following hours:

Category

Daily hours

Weekly hours

Guards  ..................................................

 9 hours 50 hours till 30 November 2000
45 hours from 1 December 2000

Drivers ..................................................

 9 hours 45 hours

All other employees ........................................

 9 hours 42 hours [provided that they may work 1 (one) additional hour per day, to a maximum of 3 (three) hours per week, at normal wages]

Provided that employees working more than five days per week may not work more than eight hours per day.".

  1. Substitute the following for subclause (4) (a):

"(4) Overtime:

"(a) All time worked in excess of the number of ordinary hours of work in one week, as specified in subclause 9 (1) (a), shall be overtime.".

  1. Substitute the following for subclause (6) (a):

"(6) Annual leave:

  1. Every employee shall be entitled to 21 consecutive days, annual leave during the Building Industry shutdown period, which shall include the public holidays failing on normal working days during the shutdown period, the dates of which shall be determined by the Council not later than 30 June of every year:
  1. The 1998/1999 annual building industry shutdown period shall commence at 17:00 on 11 December 1998 and end at 08:00 on 4 January 1999.
  2. The 1999/2000 annual Building Industry shutdown period shall commence at 17:00 on 15 December 1999 and end at 08:00 on 6 January 2000.
  3. The 2000/2001 annual Building Industry shutdown period shall commence at 17:00 on 15 December 2000 and end at 08:00 on 8 January 200l."

3. CLAUSE 10: REMUNERATION

Substitute the following for subclause (3):

"(3) Overtime:

  1. An employer shall pay an employee, who works overtime in accordance with clause 9 (4) (a), as follows:
  1. in respect of overtime worked on Monday to Friday inclusive, one and a third times his hourly wage in respect of each hour or part of an hour so worked in any week.
  2. in respect of overtime worked on Saturday prior to 17:00 one and a half times his hourly wage in respect of each hour or part of an hour so worked in any week.
  3. in respect of overtime worked-
  1. after 17:00 on Saturdays;
  2. on Sunday and up to the normal starting time on Mondays;
  3. during the leave periods prescribed in clause 9 (6)two times his hourly wage in respect of each hour or part of an hour so worked in any week.".

4. CLAUSE 14: HOLIDAY FUND

  1. Substitute the following for subclause (2):

"(2) Contribution by the employer: (a) An employer shall contribute an amount to the Holiday Fund on behalf of an eligible employee for each week that the employee remains in his employ ("a contribution week"), which amount shall be calculated as follows:

Category of employee

As from date of publication
Area' A` Area 'B' Area 'C' Area 'D'
 

R
Per week

R
Per week

R
Per week

R
Per week
Employees for whom wages are prescribed in-
  1. clause 10(1) (a) ...............................................
 11, 34 11,34 11, 34 9,66
  1. clause 10 (1) (b) and (L) (1) ...............................
 14,28 14,28 14,28 12,18
  1. clause 10 (1) (c), (L) (2), and (n) (1) ....................
 15,96 15,96 15,96 13,86
  1. clause 10 (1) (d), (L) (3), (m) (1) and (n) (2) 1.........
 18,06 18,06 18,06 15,54
  1. clause 10 (1) (e), (L) (4), (m) (2) and (n) (3) ...........
 20,16 20,16 20,16 17,22
  1. clause 10 (1) (f), (m) (3) and (n) (4) .......................
 22,26 22,26 22,26 19,32
  1. clause 10 (1) (g) .................................................
 25,20 25,50 25,20 21,84
  1. clause 10(1) (h) ..................................................
 28,14 28,14 28,14 24,78
  1. clause 10 (1) (i) (1) and (i) (3) ...............................
 31,50 31,50 31,50 27,72
  1. clause 10 (1) (i) (2) .............................................
 31,50 __ 28,14 __
  1. clause 10 (1) 0) ................................................
 32,76 __ 32,76 __
  1. clause 10 (1) (k) ..............................................
 34,86 34,86 34,86 31,50
  1. Every employer shall pay the specified contribution to the Council on the employee's normal pay day, and shall on that day endorse and issue the employee with the specified benefit stamps indicating the amount of the contribution made.".
  1. Substitute the following for subclause (3):

"(3) Contribution by the employee: Every employer may on each payday deduct from the wages due every week to each eligible employee that has worked 25 hours or more, but less than 42 hours during the respective contribution week, the contribution specified hereunder, multiplied by the difference between the hours actually worked and 42 hours, as the employee's contribution to the Holiday Fund:

Category of employee As from date of publication
Area' A` Area 'B' Area 'C' Area 'D'
 

c
Per hour

c
Per hour

c
Per hour

c
Per hour
Employees for whom wages are prescribed in-
  1. clause 10(1) (a) ............................................
 27 27 27 23
  1. clause 10 (1) (b) and (L) (1) ............................
 34 34 34 29
  1. clause 10 (1) (c), (L) (2), and (n) (1) .................
 38 38 38 33
  1. clause 10 (1) (d), (L) (3), (m) (1) and (n) (2) .......
 43 43 43 37
  1. clause 10 (1) (e), (L) (4), (m) (2) and (n) (3) .......
 48 48 48 41
  1. clause 10 (1) (f), (m) (3) and (n) (4) .....................
 53 56 53 46
  1. clause 10 (1) (g) ...............................................
 60 60 60 52
  1. clause 10(1) (h) ................................................
 67 67 67 59
  1. clause 10 (1) (i) (1) and (i) (3)..............................
 75 75 75 66
  1. clause 10 (1) (i) (2) ............................................
 75 __ 67 __
  1. clause 10 (1) (j) ...............................................
 78 __ 78 __
  1. clause 10 (1) (k) ..............................................
 83 83 83

5. CLAUSE 23: BUILDING INDUSTRY TRAINING FUND

Substitute the following for subclauses (1) and (2):

"(1) With effect from 1 April 2000 no further contributions will be made to the Building Industry Training Fund in terms of this clause.

(2) All contributions payable to the Building Industry Training Fund till 31 March 2000 in terms of this clause shall continue to be collected by the Council after 1 April 2000.".

Signed on behalf of the parties on this 1st day of February 2000.

D. E. SIMMONS
Chairman

R. K. WIPPICH
Vice-Chairman

N. J. KRUGER
Secretary