Government Gazette

Vol. 422, No. 21441, 11 August 2000

Regulation Gazette, No. 6860

No. R. 781

GOVERNMENT NOTICE

LABOUR RELATIONS ACT, 1995

LAUNDRY, CLEANING AND DYEING INDUSTRY (CAPE): EXTENSION of MAIN COLLECTIVE AMENDING AGREEMENT TO NON-PARTIES

I, Membathisi Mphumzi Sheperd 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 Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Cape) 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 31 October 2000.

M.M.S.MDLADLANA
Minister of Labour

SCHEDULE

LAUNDRY, CLEANING AND DYEING INDUSTRY (CAPE)

MAIN COLLECTIVE AGREEMENT

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

Cape Town and District Laundry, Cleaners' and Dyers' Association

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

Laundry, Cleaning and Dyeing Workers' Union (Cape)

("hereinafter referred to as the "employees" or the trade union"), of the other part, being the parties to the Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Cape), to amend the Agreement published under Government Notice No. R. 936 of 6 August 1999, as extended by Government Notice No. R. 297 of 31 March 2000.

1. SCOPE of APPLICATION of AGREEMENT

1. The terms of this Agreement shall be observed in the Laundry, Cleaning and Dyeing Industry (Cape)-

1. by ail employers who are members of the employers' organisation and who are engaged in the Laundry Cleaning and Dyeing Industry, and by all employees who are members of the trade union and who are employed in the said Industry;
2. in the Magisterial Districts of the Cape, Bellville, Goodwood, Kuils River, Simonstown, Paarl, Somerset West, Strand, Wynberg, Stellenbosch, Wellington and that portion of the Magisterial District of Maimesbury which, prior to the publication of Government Notice No. R. 171 of 8 February 1957, fell within the Magisterial District of Bellville.

2. Notwithstanding the provisions of subclause (1), the terms of this Agreement shall only apply in respect of those employees for whom remuneration is prescribed in this Agreement.
3. Clause 1 (1) (a) and 2, of this Agreement shall not apply to employers and employees who are not members of the employers' organisation or trade union, respectively.

2. PERIOD of OPERATION

This Agreement shall come into operation in respect of the parties on 1 November 1999, and in respect of the non-parties on such date as the Minister of Labour may extend the Agreement to non-parties, and the Agreement shall remain in force until 31 October 2000.

3. 4: REMUNERATION

1. The minimum wage per week which an employer shall pay to and which shall be accepted by each member of the under mentioned classes of his employees shall be as set out hereunder:

4. CLAUSE 5: PAYMENT of REMUNERATION

Insert the following new subclause (3):

"(3) Deductions:

An employer shall not levy any fines against his employee nor shall he make any deductions from his employee's remuneration without the employee's written consent: Provided that he may make the following deductions:

1. A deduction for a provident fund or pension fund, a sick fund and other deductions in terms of this Agreement;
2. a deduction of any amount which an employer is legally or by order of any competent court required or permitted to make;
3. whenever the ordinary hours of work prescribed in clause 6 are reduced on account of short-time, a deduction of the amount of the employee's (other than casual employees) hourly wage in respect of each hour of such reduction: Provided that-

1. such deduction shall not exceed a third of the employee's weekly wage, irrespective of the number of hours by which the ordinary hours of work are thus reduced;
2. no deduction shall be made in the case of short-time arising out of the slackness of trade or shortage of raw materials, unless the employer has given his employees notice on the previous workday of his intention to reduce the ordinary hours of work;
3. no deduction shall be made in the case of short-time owing to a shortage of railway trucks or a general breakdown or threatened breakdown of buildings caused by accident or other unforeseen circumstances in respect of the first hour not worked, unless the employer has given notice on the previous day that no work will be available.".

5. CLAUSE 6: HOURS of WORK, ORDINARY AND OVERTIME, PAYMENT of OVERTIME, PUBLIC HOLIDAYS AND SUNDAYS

Substitute the following for subclause (7):

"(7) Payment of overtime:

1. An employer shall pay an employee who works overtime at a rate not less than in the case of any employee, one and a half times his ordinary wage in respect of the total period so worked by such an employee in any week.
2. The overtime worked shall be calculated on the basis of hours worked above 45 hours.".

6. CLAUSE 12: TERMINATION of CONTRACT of EMPLOYMENT

1. Substitute the following for subclause (1) (b) and (c):

2. In the case of any employee with more than one month's service but less than 6 months' service, one week's notice of termination of contract;
3. in the case of any employee with more than 6 months' service, not less than two weeks' notice of termination of contract; and

2. Renumber the existing clause (4) to read (5).
3. Insert the following new subclause (4):

"(4 The notice period to be given to retrenched employees shall be as follows: If an employee has worked for the same employer for more than 2 years, four weeks' notice or payment in lieu thereof.".

7. CLAUSE 14: EXPENSES of THE COUNCIL

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

"(b) Make a return to the Council of the number of employees employed by him for each week of the calender month.".

2. Substitute the following for subclause (2):

"(2) The contributions and returns referred to in subclause 1 (a) and (b) shall be forwarded month by month, and not later than the 7th day of each month, to the Secretary of the Council, P.O. Box 175, Observatory, 7935, or to any other address from which the Council is operating from time to time.".

8. Insert the following new clause 14A:

"4A. AMOUNTS PAYABLE TO THE COUNCIL

If any amount that is payable to the Council in terms of this Agreement or contributions to the Sick Benefit Fund Agreement or the Provident Fund Agreement are not paid by the stipulated date-

1. penalties of 10% per month will accrue on that amount from the stipulated date;
2. the employer shall become liable for any costs incurred by the Council for the recovery of the amounts due.".

Signed at Observatory, on behalf of the Parties, on this 7th day of September 1999.

N. PHILLIPS
Chairman

N. J. DANIELS
Vice-Chairman

M. M. CROTZ
Secretary