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

Notices

National Bargaining Council for the Electrical Industry of South Africa

National Pension and Provident Funds Collective Agreement

3. Definitions

 

 

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meanings as in the Act, and any reference to an act shall include any amendment of such act ; further, unless inconsistent with the context—

 

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"Area A"

means the Magisterial Districts of Alberton, Benoni, Boksburg, Brakpan, Bronkhorstspruit, Carletonville, Cullinan, Delmas, Germiston, Heidelberg, Johannesburg, Kempton Park, Krugersdorp, Nigel, Oberholzer, Pretoria, Randburg, Randfontein, Roodepoort, Sasolburg, Springs, Vanderbijlpark, Vereeniging, Westonaria, Witbank and Wonderboom;

 

"Area B"

means the Magisterial Districts of Amersfoort, Balfour, Bethal, Brits, Ermelo, Highveld Ridge, Klerksdorp, Middelburg (Mpumalanga), Nelspruit, Pietersburg, Piet Retief, Pongola, Potchefstroom, Rustenburg, Standerton, Volksrust and White River;

 

"Area C"

means the Magisterial Districts of Barberton, Belfast, Bloemfontein, Bloemhof, Carolina, Christiana, Coligny, Delareyville, Eerstehoek, Ellisras, Groblersdal, Koster, Letaba, Lichtenburg, Lydenburg, Marico, Messina, Pilgrim’s Rest 1 and 2, Phalaborwa, Potgietersrus (only the district north of the MelkRiver), Schweizer-Reneke, Soutpansberg, Swartruggens, Thabazimbi, Ventersdorp, Waterberg, Waterval Boven and Wolmaransstad, and the Municipal Area of Warmbaths;

 

"Area D"

means the Magisterial Districts of Bethlehem, Harrismith, Hennenman, Kroonstad, Odendaalsrus, Parys, Ventersburg, Virginia and Welkom;

 

"Area E"

means the Magisterial Districts of Barkly West, Bethulie, Boshof, Bothaville, Brandfort, Britstown, Bultfontein, Carnavon, Clocolan, Colesberg, De Aar, Dewetsdorp, Edenburg, Excelsior, Fauresmith, Ficksburg, Fouriesburg, Frankfort, Fraserburg, Gordonia, Hanover, Hartswater, Heilbron, Hoopstad, Jacobsdal, Jagersfontein, Koffiefontein, Koppies, Kuruman, Ladybrand, Lindley, Marquard, Noupoort, Petrusburg, Philippolis, Philipstown, Postmasburg, Reddersburg, Reitz, Richmond, (Northern Cape), Rouxville, Senekal, Smithfield, Theunissen, Trompsburg, Victoria West, Viljoenskroon, Vrede, Vredefort, Wepener, Wesselsbron, Williston,Winburg and Zastron;

 

"Area F"

means the Magisterial Districts of Port Elizabeth and Uitenhage;

 

"Area G"

means the Magisterial Districts of Albany, Alexandria, Bathurst, Beaufort West, Calitzdorp, George, Humansdorp, Joubertina, Knysna, Ladismith, Mossel Bay, Oudtshoorn, Riversdale and Uniondale;

 

"Area H"

means the Magisterial Districts of Aberdeen, Adelaide, Albert, Aliwal North, Barkly East, Bedford, Cathcart, Cradock, Elliot, Fort Beaufort, Graaf-Reinet, Hankey, Hofmeyer, Indwe, Jansenville, King William’s Town, Kirkwood, Komga, Lady Grey, MacClear, Middelburg, (Eastern Cape), Molteno, Murraysburg, Pearston, Prince Albert, Queenstown, Somerset East, Sterkstroom, Steynsburg, Steytlerville, Stutterheim, Tarka, Venterstad, Willowmore and Wodehouse;

 

"Area I"

means the Magisterial Districts of the Cape, Wynberg (including that portion of the Magisterial District of Somerset West which, prior to 9 March 1973, Government Notice No. 173 of 9 February 1973, fell within the Magisterial District of Wynberg, Simonstown Goodwood and Belville in those portions of the Magisterial Districts of Malmesbury and Stellenbosch which, prior to the publication of Government Notices Nos. 171 of 8 February 1957 and 283 of 2 March 1962, respectively, fell within the Magisterial District of Bellville and in that portion of the Magisterial District of Kuils River which, prior to the publication of Government Notice No. 1683 of 7 August 1987, fell within the Magisterial District of Bellville;

 

"Area J"

means the Magisterial Districts of Camperdown, Chatsworth, Durban, Inanda, Lions River, Lower Tugela, New Hanover, Pietermaritzburg and Pinetown;

 

"Area K"

means the Province of KwaZulu-Natal, excluding any portions of that area falling within the former self-governing territory of KwaZulu, as it existed prior to the coming into operation of the Constitution of the Republic of South Africa, 1993 and excluding those Magisterial Districts in the Province of Kwa Zulu- Natal which are included in the definition of “Area J”;

 

“Area L”

means the Magisterial District of East London.

 

"Building Industry"

without in any way limiting the ordinary meaning of the expression, means the industry in which employers and their employees are associated for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings and structures and/or making articles for use in erecting, completing or altering buildings and structures, whether the work is performed, the material is prepared, or the necessary articles are made on the sites of the buildings or structures or elsewhere, and includes all work executed or carried out by persons who are engaged in the trades, activities or subdivisions in the Building Industry, including electrical installation, which means electrical fitting and wiring and operations incidental to the activities of an employer in connection with erecting of buildings, including demolishing of buildings;

 

"Council"

means the National Bargaining Council for the Electrical Industry of South Africa;

 

"Electrical Engineering Industry"

means the industry concerned with—

(a) the manufacture and/or assembly from component parts of electrical equipment, namely generators, motors, converters, switch and control gear (including relays, contactors, electrical instruments and equipment associated therewith), electrical lighting, heating, cooking, refrigeration and cooling equipment, transformers, furnace equipment, signalling equipment, radio or electronic equipment, including monitors and other equipment utilising the principles used in the operation of radio and electronic equipment, the latter equipment includes, but is not limited to, television and incandescent lamps, and electric cables and domestic electrical appliances, and further includes the manufacture of component parts of the aforementioned equipment;
(b) subject to paragraph (c) below, the installation, maintenance, repair and servicing of the equipment referred to in paragraph (a) above, but does not include the activities of the Electrical Industry;
(c) the installation, maintenance, repair and servicing of television sets and monitors, excluding the installation, maintenance, repair and servicing of monitors primarily intended for use in accounting and/or data processing and/or business procedures;

 

"Electrical Industry" or "Industry"

means the industry in which employers and their employees are associated for any or all of the following—

(a) the design, preparation, erection, installation, repair and maintenance of all electrical equipment forming an integral and permanent part of buildings and/or structures, including any wiring, cable jointing and laying and electrical overhead line construction, and all other operations incidental thereto, whether the work is performed or the material is prepared on the site of the buildings or structures or elsewhere;
(b) the design, preparation, erection, installation, repair and maintenance of all electrical equipment incidental to the purpose for which a building and/or structure is used, including any wiring, cable jointing and laying and electrical overhead line construction, and all other operations incidental thereto, whether the work is performed or the material prepared on the site of the buildings or structures or elsewhere;
(c) the design, preparation, erection, installation, repair and maintenance of all electrical equipment incidental to the construction, alteration, repair and maintenance of buildings and/or structures, including any wiring, cable jointing and laying and electrical overhead line construction, and all other operations incidental thereto, whether the work is performed or the material prepared on the site of the buildings or structures or elsewhere;
(d) the design, preparation, erection, installation, repair and maintenance of all electrical equipment not covered by (a), (b) or (c) above, including any wiring, cable jointing and laying and electrical overhead line construction, and all other operations incidental thereto, whether the work is performed or the material prepared on the site of the buildings or structures or elsewhere;
(e) the installation and/or maintenance and/or repair and/or servicing of overhead lines and underground cables associated with domestic and/or industrial and/or commercial installations and/or street lighting, and for the purposes of this definition—
(i) electrical equipment includes:
(aa) electrical cables and overhead lines; and
(ab) generators, motors, converters, switch and control gear (including relays, contactors, electrical instruments and equipment associated therewith), electrical lighting, heating, cooking, refrigeration and cooling equipment, primary and secondary cells and batteries, transformers, furnace equipment, radio sets and allied electrical apparatus, signalling equipment and other equipment utilising the principles used in the operation of radio or electronic equipment;
(ii) design, preparation, erection, installation, repair and maintenance does not include—
(aa) the manufacture, installation, repair and/or maintenance of lifts and escalators;
(ab) the manufacture and/or assembly by the manufacturer of the aforementioned electrical equipment and/or components thereof;
(ac) the wiring of or installation in motor vehicles of lighting, heating or other equipment or fixtures, whether permanent or otherwise;
(ad) the manufacture, repair and servicing of motor vehicle batteries, the manufacture of lead-acid batteries and the repair, maintenance and installation of such batteries when performed by the manufacturers thereof; and
(ae) the sale, and/or repair and/or servicing of manual and/or electrical typewriters and/or electro-mechanical office machines and equipment:

Provided that - the Electrical Industry, as defined above, shall not include the Iron, Steel, Engineering and Metallurgical Industry, the Local Authority Undertaking and the Building Industry ;

 

"employee"

means any person employed on any of the classes of work defined in this Agreement and includes a person employed under a contract of apprenticeship or learnership agreement recognised by the Council;

 

"employer"

means any person who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person in any manner to assist him in the carrying on or conducting of his business, and includes temporary employment services as defined in the Act;

 

"establishment"

means any place where the Industry or any part thereof, as herein defined, is carried on, including the place where the employer normally carries on his business and where his wage records are kept.

 

"Fund year"

means the year ending on 31 December ;

 

"Iron, Steel, Engineering and Metallurgical Industry"

means (subject to the provisions of any Demarcation Determinations made in terms of section 76 of the Labour Relations Act, 1956, and section 62 of the Labour Relations Act, 1995), the industry concerned with the production of iron and/or steel and/or the processing and/or recovery and/or refining of metals (other than precious metals) and/or alloys from dross and/or scrap and/or residues; the maintenance, fabrication, erection or assembly, construction, alteration, replacement or repair of any machine, vehicle (other than a motor vehicle) or article consisting mainly of metal (other than precious metals) or parts or components thereof and structural metal work, including steel reinforcement work; the manufacture of metal goods principally from such iron and/or steel and/or other metals (other than precious metals) and/or alloys and/or the finishing of metal goods; the building and/or alteration and/or repair of boats and/or ships, including the scraping, chipping and/or scaling and/or painting of the hulls of boats and/or ships; and general woodwork undertaken in connection with ship repairs, and includes the Electrical Engineering Industry;

 

"Local Authority Undertaking"

means the undertaking in which employers and their employees are associated for the introduction, continuation, or completion of any action, scheme or activity undertaken by a local authority: Provided that for the purposes hereof the Electrical Industry as defined above shall not include work performed by a local authority exclusively for local authority purposes, but shall include all work performed on the property of a local authority by a registered electrical contractor or his employees or any other person who is not an employee of a local authority: Provided further that the Local Authority Undertaking shall not include the activities of the Electrical Industry;

 

"Main Agreement"

means the Main Collective Agreement of the National Bargaining Council for the Electrical Industry of South Africa as amended and extended from time to time in which wages and other conditions of service are specified;

 

"member"

means an employee for whom membership of the Funds is provided in terms of clauses 7(4), 8(3) and 9(3);

 

"Region A"

means the Provinces of Gauteng, Mpumalanga, Northern Province, North West Province, the Free State (excluding the Magisterial Districts of Sasolburg and Bloemfontein) as it existed at 19 June 1985, the Eastern Cape (excluding East London) and the Northern Cape;

 

"Region A1"

means the Magisterial District of Bloemfontein in the Province of the Free State;

 

"Region A2"

means the Magisterial District of Port Elizabeth in the Province of the Eastern Cape;

 

"Region B"

means the Magisterial District of East London in the Province of the Eastern Cape;

 

"Region C"

means the Province of KwaZulu-Natal excluding any portions of that area falling within the former self-governing territory of KwaZulu, as it existed prior to the coming into operation of the Constitution of the Republic of South Africa, 1993;

 

"Region D"

means the Province of the Western Cape;

 

"Rules"

means the rules referred to in clauses 7(7)(a), 8(6) and 9(6)(a) of this Agreement.