Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 2 : Scope of Application and Definitions

2.1 Scope of Application

Purchase

(1)	The terms of this Agreement shall be observed in the Motor Industry—

(a)	throughout the Republic of South Africa, excluding that portion of the Magisterial District of Summerset West, occupied by the Cape Explosive Works (Ltd).

(b)	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 shall apply to—

(a)	apprentices only in so far as they are not inconsistent with the provisions of or any conditions fixed under the Skills Development Act, 1981, and learners in terms of Chapter IV of the Skills Development Act, Act, No. 97 of 1998; and

(b)	trainees undergoing training under the Skills Development Act, 1981, only in so far as they are not inconsistent with the provisions of or any conditions fixed under that Act.

(3)

(a)	Notwithstanding the provisions of subclauses (1) and (2), the provisions of the Agreement as set out in the Schedule to this subclause shall apply only to employees for as long as their weekly or monthly remuneration, excluding commission on sales, exceeds the rate of—

in Area A –

from 7 February 2011 to 31 August 2011 R126 912 per annum

for the period 1 September 2011 to 31 August 2012 – R 138 324 per annum

for the period 1 September 2012 to 31 August 2013 – R149 736 per annum

in Other Areas

from 7 February 2011 to 31 August 2011 – R108 884 per annum

for the period 1 September 2011 to 31 August 2012 – R119 568per annum

for the period 1 September 2012 to 31 August 2013 – R130 252per annum

SCHEDULE
ADMINISTRATIVE AGREEMENT
Clause 5	-	Deductions from Earnings
Clause 13	-	Employees" Representatives on the Council
Clause 14	-	Prohibition of Cession of Benefits
MAIN AGREEMENT - DIVISION A
Clause 2.2	-	Definitions
Clause 3.8	-	Payment of Earnings
Clause 3.10	-	Piece Work
Clause 3.11	-	Commission Work
Clause 3.13	-	Travelling Allowances
Clause 5.1	-	Annual Leave and Accrued Leave Pay
Clause 5.2	-	Sick Leave
Clause 5.3	-	Maternity Leave
Clause 7.1	-	Termination of Service
Clause 7.3	-	Retrenchment Pay
Clause 7.4(1)	-	Desertion
Clause 7.5	-	Certificate of Service
Clause 9.1	-	Outwork
Clause 9.3(2)	-	Damage and/or Loss of Property or Assets
Clause 9.6	-	Public Holidays

(b)	Notwithstanding the provision of subclause (3)(a) of this clause or any other provisions to the contrary, employees earning in excess of—

in Area A —

from 7 February 2011 to 31 August 2011—

R126 912 per annum

for the period 1 September 2011 to 31 August 2012 —

R 138 324 per annum

for the period 1 September 2012 to 31 August 2013 —

R149 736 per annum

In Other Areas—

from 7 February 2011 to 31 August 2011 –

R108 884 per annum

for the period 1 September 2011 to 31 August 2012 –

R119 568 per annum

for the period 1 September 2012 to 31 August 2013 –

R130 252 per annum

excluding commission on sales, shall not be required to work overtime other than on a voluntary basis, free from any form of coercion, intimidation or victimisation.

(4)	Notwithstanding the provisions of subclause (3) of this clause, the provisions of clause 11 of the Administrative Agreement shall apply to employees who are members of the National Union of Metalworkers of South Africa or MISA, regardless of their earnings.

(5)	The provisions of clause 6.1 (1) of this Division shall be applicable to all employees excluding commission on sales receiving up to—

In Areas A –

from 7 February 2011 to 31 August 2011 – R10 576,00 per month (R2 440,62 per week)

from 1 September 2011 to 31 August 2012 – R11 527,00 per month (R2 660,08 per week)

from 1 September 2012 to 31 August 2013 – R12 478,00 per month (R2 879,54 per week)

In other areas –

from 7 February 2011 to 31 August 2011 – R9 073,67 per month (R2 093,92 per week)

from 1 September 2011 to 31 August 2012 –R9 964,00 per month (R2 299,38 per week)

from 1 September 2012 to 21 August 2013 – R10 854,33 per month (R2 504,85 per week)

(6)	Clause 1.1 of the Preamble and Clause 2.1(1)(b)of Division A, shall not apply to employers and employees who are not members of the employers" organisations and trade unions, respectively.