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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter One: Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions

1. Scope of Application

 

(1) The terms of this Agreement shall be observed in the Building Industry—
(a) by all employers who are members of the employers' organisations and by all employees who are members of the trade unions;
(b) by all employers who are not members of the employers' organisations and by all employees who are not members of the trade unions;
(c) as defined hereunder excluding all electrical activities undertaken in the Magisterial Districts of Bellville, Goodwood, Kuils River, Malmesbury, Mitchells Plain, Paarl, Simonstown, Somerset West, Stellenbosch, Strand, The Cape, Wellington, Wynberg and the Local Municipality of Overstrand; and
(d) as defined hereunder including the manufacture and erection of gravestones and cemetery memorials  of  all  types  in the  Magisterial  Districts of Bellville, Goodwood, Kuils River, Malmesbury, Mitchells Plain, Paarl, Simonstown, Somerset West, Stellenbosch, Strand, The Cape, Wellington, Wynberg and the Local Municipality of Overstrand; and

 

(2) Notwithstanding the provisions of sub clause {1), the terms of this Agreement shall apply to—
(a) employees in the Building Industry undergoing training consistent with the provisions of the Skills Development Act, 1998;
(b) temporary employment services, labour-only contractors, working partners, working directors, principals, contractors and working members of close corporations who do work in the Building Industry.

 

(3) Notwithstanding the provisions of sub clause (1), the terms of this Agreement shall not apply to—
(a) clerical employees, supervisory staff and administrative staff, unless hourly paid; and
(b) university students and graduates in Building Science, and to construction  supervisors, construction surveyors  and other persons doing practical work in order to complete their academic training; and
(c) non-parties unless the Agreement is extended to non-parties in respect of clauses 45, 46 and 48 of this Agreement.