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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 Six: Employee Benefit Schemes

31. Pension Scheme / Provident Fund

 

(1) The Western Province Building Industry Pension Scheme and Provident Fund ('the Funds') are hereby continued and shall continue to be administered by the Council in accordance with the provisions of the Act for the purpose of providing pensions to employees in respect of whom contributions are made in terms of this clause.

 

(2) Every employee for whom a contribution is required in the table in sub clause (4) below shall be a member of either of the Funds, subject always to the rules of the said funds.

 

(3) For the purpose of achieving the objects of this clause, the Council shall be entitled to enter into any agreements it deems fit and shall further be entitled to make rules in respect of the operation and administration of any fund established in terms of this clause, which may be amended from time to time.

 

(4) An employer shall contribute the following amounts to the Funds, as the case may be, on behalf of each eligible employee in respect of each contribution day worked, from the date of coming into operation of this Agreement to 31 October 2023:

 

Category of Employee

Employer Contribution per day

Labourer

R22.77

General Worker

R29.59

Tradesman Class 4

R31.44

Tradesman Class 3

R34.67

Tradesman Class 2

R47.25

Drivers / Plant operators Code C1

R41.43

Drivers code A, A1 or B

R31.19

Artisan

R63.30

Security Guard

R33.27

Apprenticeship Year 1

R22.16

Apprenticeship Year 2

R31.65

Apprenticeship Year 3

R47.48

 

5) For the  period 01 November 2023 to 31 October 2024 the contributions applicable from 01 November 2023 shall be increased by the CPI percentage + 1% (as at the 1st of July 2023 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

6) For the period 01 November 2024 to 31 October 2025 the contributions applicable from 01 November 2024 shall be increased by the CPI percentage + 1% (as at the 1st of July 2024 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

7) Every employer shall further deduct a contribution from the remuneration of each eligible employee in respect of each contribution day, which shall be calculated as follows, from the date of coming into operation of this Agreement to 31 October 2023:

 

Category of Employee

Employer Contribution per day

Labourer

R21.34

General Worker

R27.74

Tradesman Class 4

R29.46

Tradesman Class 3

R32.49

Tradesman Class 2

R4430

Drivers / Plant operators Code C1

R38.83

Drivers code A, A1 or B

R29.24

Artisan

R59.33

Security Guard

R31.19

Apprenticeship Year 1

R20.78

Apprenticeship Year 2

R29.67

Apprenticeship Year 3

R44.52

 

(8) For the period 01 November 2023 to 31 October 2024 the contributions applicable from 01 November 2023 shall be increased by the CPI percentage + 1% (as at the 1st of July 2023 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

(9) For the period 01 November 2024 to 31 October 2025 the contributions applicable from 01 November 2024 shall be increased by the CPI percentage + 1% (as at the 1st of July 2024 as published by the Statistics South Africa) provided that the minimum increase shall be 5% and the maximum increase be no higher than 7%.

 

(10) Every employer shall pay the above contributions to the Council within the period determined by the Council.

 

(11) Subject to an eligible employee's right to nominate a beneficiary to receive any amounts which may become due in terms of the Funds in the event of his death before retirement any pension benefits accruing to an employee in terms of this Agreement, shall not be transferable, and may not be ceded or pledged.

 

(12) When an employee fails to qualify for death, disability, and/or funeral benefits in terms of the Funds because an employer has failed to pay contributions owing by it in respect of the employee's membership, such employer shall be liable to pay to such employee or his beneficiary an amount of money equal to the death, disability and/or funeral benefits that would have been payable to the employee under the rules of the applicable fund had the contributions been paid by the employer.

 

(13) In the event of the Council's being dissolved, wound up or ceasing to operate during the currency of this Agreement, the parties shall appoint a trustee or trustees before such dissolution, winding up or ceasing to operate to perform the functions of the Council set out in this clause, and such trustees shall have all the powers vested in the Council for this purpose.