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

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 1 : Application and Duration of Agreement

1. Application of Agreement

 

 

1) This Agreement applies in the Road Freight and Logistics Industry in the Republic of South Africa.

 

2) Subject to sub-clause (3), this Agreement is binding on -
a) all employees for whom minimum wages are prescribed in schedule 5 to this Agreement and who are members of the trade union parties to this Agreement;
b) all employers of employees for whom minimum wages are prescribed in Schedule 5 to this Agreement and who are members of the employers' organisation that is a party to this Agreement;
c) other categories of employees, for whom minimum wages are not prescribed but qualify for the across the board increases as per Schedule 5. Trade union subscriptions prescribed in clause 54 and expenses of the Council prescribed in clause 69 shall be applicable to employees referred to in this sub-clause; and
d) Employees for whom minimum wages are not prescribed and do not qualify for the across the board increases as ·per Schedule 5 insofar as trade union subscriptions prescribed in clause 54 are concerned.

 

3) Subject to clause (4), this Agreement applies to owner-drivers, and to the employees of owner-drivers.

 

4) An owner-driver-
a) who is an employer must observe the same hours of work and limitations on hours of work that are prescribed in this Agreement for employees;
b) who possesses only one motor vehicle and is the permanent driver of that vehicle is only required to comply with the requirements of sub-paragraph (a) of this clause and clause 45.

 

5) Part 10 of this Agreement sets out provisions that apply to particular categories of employees. It-
a) specifies categories of employees in respect of whom only particular provisions of this Agreement apply;
b) provides provisions that apply to specific categories of employees in addition to the rest of the Agreement;
c) modifies certain provisions of this Agreement for the purposes of specific categories of employees.

 

6) The extension of this Agreement to non-parties in terms of Section 32 of the Act will not include the provisions of clause 73(1) of this Agreement.