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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Registration and Administration Expenses Collective Agreement to Non-parties

Part l: General

3. Definitions

 

Any expressions used in this Agreement which is defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendments to such Act, and unless the contrary intention appears, wors importing the masculine gender shall include females; further, unless inconsistent with the context—

 

"Act"

means the Labour Relations Act, 1995 (Act 66 of 1995) as amended;

 

"Apprentice"

means an employee serving under a written contract of apprenticeship registered or deemed to have been registered with the Skills Development Act, No.97 of 1998 and includes a minor employed on probation in terms of the Act or a learner in terms of the Skills Development Act, No.97 of 1998;

 

"Council"

means the Metal and Engineering Industries Bargaining Council, registered in terms of section 29 of the Act;

 

"Establishment"

means any premises wherein or whereon the industries, or part thereof, as herein defined, is 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;

 

"Employee"

means employee and/or apprentices whose wages and conditions of employment are determined by the Council or employee employed under exemption from these conditions;

 

"Interest"

means a fee and/or charge payable when payment of an amount provided for in this agreement was not made on or before the 7th of each month.

 

"Law"

includes common law.

 

"Watchmen"

not covered by the sectoral determination for the security industry.

 

Note:  The magisterial districts demarcation of Regions is only for purposes of determination of the borders of Regional Councils.

 

REGION A means the Western Cape Province and the Northern Cape Province but excluding the following magisterial districts in the Western Cape: Calitzdorp, Murraysburg, Oudtshoorn, and Uniondale and excluding the following magisterial districts in the Northern Cape:  Barkly West, De Aar, Gordonia, Hartswater, Herbert, Hopetown, Kimberley, Kuruman, Postmasburg and Warrenton, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Cape Region), P O Box 6096, Roggebaai, 8012, or 1st Floor, Harbour Place, 7 Martin, Hammerschlag Way, Foreshore, Cape Town, 8001;

 

REGION B means the following magisterial districts in the Eastern Cape Province:  Albert, Aliwal North, Barkly East, Bizana, Butterworth, Cala, Cathcart, Cofimvaba East London, Elliot, Engcobo, Flagstaff, Hoffmeyer, Idutywa, Indwe, Keiskammahoek, Kentani, King William"s Town, Kwabhaca, Komga, Lady Grey, Libode, Lusikisiki,  Maclear, Matatiele, Mdantsane, Middelsdrift, Mount Ayliff, Mount Fletcher, Mqanduli, Ngqeleni, Nqamakwe, Queenstown, Qumbu, Seymour (Mpofu), Sterkstroom, Stutterheim, Tsolo, Tsomo, Umtata, Umzimkulu, Whittlesea, Willowvale, Wodehouse, Victoria East and Zwelitsha and for the purposes of these particular areas, the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council  (Border Region), PO Box 13162, Vincent, 5217, or Malcomess Park, Office No 7, St Georges Road, Southernwood, 5201.

 

REGION C means the Province of KawZulu Natal and for the purposes of this particular area the address of the Regional Council shall be:  Metal and Engineering Industries Bargaining Council (KwaZulu Natal Region), P O Box 5900, Durban, 4000, or 14th Floor, Mercury House, 320 Smith Street, Durban, 4001.

 

REGION D means the following magisterial districts in the Eastern Cape Province: Aberdeen, Adelaide, Albany, Alexandra, Bathurst, Bedford, Cradock, Fort Beaufort, Graaff-Reinet, Hankey, Humansdorp, Jansenville, Joubertina, Kirkwood, Middleburg, Pearston, Port Elizabeth, Somerset East, Steytlerville, Steynsburg, Uitenhage, Venterstad and Willowmore and the following magisterial districts in the Western Cape Province: Calitzdorp, Murraysburg, Oudtshoorn, Uniondale, and the following magisterial districts in the Northern Cape Province: Colesburg, Hanover, Noupoort and Richmond and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Midland Region), PO Box 12848, Centrahill, 6006, or First Floor, 30 Pearson Street, Central, Port Elizabeth, 6001.

 

REGION E means all the magisterial districts in the Gauteng Province, Mpumalanga Province, Northern Province (Limpopo) and North West Province, but excludes the following magisterial districts in the North West Province:  Bloemhof, Christiana, Coligny, Delareyville, Klerksdorp, Lichtenburg, Potchefstroom, Schweizer-Reneke,Ventersdorp, Vryburg and Wolmaransstad, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Gauteng Region), PO Box 3998, Johannesburg, 2000 or Union Corporation Building, 1st Floor, 77 Marshall Street, Johannesburg, 2001.

 

REGION F means all the magisterial districts in the Free State and includes the following magisterial districts in the North West Province: Bloemhof, Christiana, Coligny, Delareyville, Klerksdorp, Lichtenburg, Potchefstroom, Schweizer-Reneke, Ventersdorp, Vryburg and Wolmaransstad, and includes the following magisterial districts in the Northern Cape Province: Barkly West, De Aar, Gordonia, Hartswater, Herbert, Hopetown, Kimberley, Kuruman, Postmasburg, and Warrenton, and for the purposes of these particular areas the address of the Regional Council shall be: Metal and Engineering Industries Bargaining Council (Free State and Northern Cape Region), PO Box 30095, Moreskof, 9462, or Wessels & Smith Building, 2nd Floor, 26 – 28 Heeren Street, Welkom, 9459.

 

"Venetian Blind" and "Allied Products Manufacturing Industry"

means the industry in which employers and the employees are associated for the carrying on of any one or more of the following activities, in the Province of the Transvaal:

The design and/or assembly and/or manufacture of—

(a) venetian blinds, whether manufactured of wood, metal, bamboo, cloth or synthetic materials; and/or
(b) any other type of blind manufactured of such materials; and/or
(c) any other article or articles providing or used for sun control, other than articles manufactured wholly or mainly from plastics: Provided that the first-mentioned articles are intended for use in the interior of buildings; and/or
(d) folding doors containing wood, cloth, leather, leather-cloth or any synthetic material with a wooden, synthetic wood or metal framework, but excluding canvas awnings, canvas sunblinds and Holland blinds; and for the purposes of this definition, 'canvas' means a woven material made from cotton, flax, jute, hemp or similar decorticated vegetable or acrylic fibres or mixtures thereof;