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

Notices

Bargaining Council for the Motor Ferry Industry

Main Collective Agreement

3. Definitions

 

 

3.1 Unless the contrary intention appears, any expressions used in this Agreement which are 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 amendment to such Act; any reference to the singular shall include the plural and vice versa; any reference to any gender shall include the other gender, and further unless inconsistent with the context.

 

"Act"

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

 

"annual leave cycle"

means the period of 12 months' employment with the same employer immediately following

(i) an employee's commencement of employment; or
(ii) the completion of that employee's prior leave cycle, whichever is applicable;

 

"Artisan Assistant"

means an employee who, although still under supervision of an artisan, works independently on jobs, but is not held fully responsible for final checking, and who does more complex repairs, uses fault-finding equipment, chooses alternative ways of carrying out tasks, operates electric and mechanical equipment and may be required to do jobs such as basic welding — is not fully qualified as an artisan, but could over a period of time complete a portfolio of evidence as part of a recognition of prior learning process in order to access a trade test and become qualified;

 

"bargaining unit"

means permanent employees in Grades 1 to 6 as per annexure 1 of this agreement;

 

"basic wage"

excludes all allowances specified in the agreement, 13th cheque, provident fund contributions and overtime;

 

"Branch Claims Administrator"

means a person who receives information regarding damage to or loss from a vehicle belonging to an employer or client. He/She then conducts investigations, compiles reports and makes recommendations to the branch and coordinates the activities around either repairing the damage or replacing the missing parts or selling off the damaged car;

 

"Carrier Driver"

means a driver that is engaged in driving a car carrier whether rigid or articulated. He/She receives documentation regarding a consignment of vehicles and inspects the Carrier and vehicles to be loaded, loads and lashes down the vehicles onto the carrier. He/She unloads the vehicles at the destination paints, be they a depot harbour dealership or any other establishment and obtains the customer's signoff of the documentation;

 

"chassis"

means a vehicle without a body or windscreen which must occasionally be driven by a driver;

 

"Checker"

means a person who does detailed checks of client vehicles for damage and/or missing parts or equipment. It includes the checking and completion of relevant documentation and driving of vehicles for which a code 8 license is required;

 

"Cleaner"

means a person who cleans vehicles, offices and yards and sometimes makes beverages;

 

"Clerk Filing"

means a person who enumerates on and inserts/retrieves documents into or from relevant files;

 

"Council"

means the Motor Ferry Industry Bargaining Council of South Africa;

 

"Data Capture Clerk"

means a person who captures relevant information/data in written and/or electronic format;

 

"Debriefer"

means a person who briefs or debriefs a Carrier Driver who is departing from or returning to the Depot; He/She provides or obtains full information, documentation and monies to or from the Carrier Driver, as the case may be, and also checks and verifies the information, documentation and inputs and distributes it to the relevant employees or clients;

 

"Driver Code 8"

means an employee who drives vehicles requiring a code 8 driver's license. For the purposes of this definition, the expression 'drives vehicles' includes all periods during which he/she is obliged to remain at his/her post in readiness to drive and any time spent by a driver connected with the vehicle;

 

"employer"

means any person whosoever in the Motor Ferry Industry who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him/her or who permits any person whosoever in any manner to assist him/her in the carrying on or conducting of his/her business or undertaking; and 'employ' and 'employment' have corresponding meanings;

 

"establishment"

means any premises in or in connection with which one or more employees are employed in the Motor Ferry Industry;

 

"full-time employee"

means a permanent employee who works full-time for at least 8 hours per day and at least 5 days per week for 4.333 weeks per month every month;

 

"hourly rate"

means the weekly wage divided by 45;

 

"hours of work"

includes all periods of driving and any time spent by a driver, security officer or any other employee on other work connected with the vehicle or the load and all periods during which he is obliged to remain at his/her post in readiness to work when required to do so, but does not include any meal interval or any period in respect of which a subsistence allowance is payable to an employee in terms of clause 6, if during such interval or period the employee does not work other than remaining in charge of the vehicle and its load, if any, or guarding the vehicle and the load, if any;

 

"industry"

means the Motor Ferry Industry;

 

"Large Truck Driver"

means a driver, other than a Driver Code 8 or a Carrier driver, who drives large trucks (requiring a code 10 or code 14 drivers license), to dealerships or depots or fitment centres

 

"law"

includes the common law;

 

"limited term employee"

means a temporary employee who is employed for a limited period to cover for another employee who is away on extended leave e.g. maternity leave or for a specific project that is required to be done or to cover for an extraordinary workload;

 

"Motor Ferry Industry"

means an industry concerned with the transportation of motor vehicles by road, whether by vehicle carrier or own wheels to, from or within vehicle manufacturers premises, harbours, rail sidings, storage yards or depots, vehicle dealerships and third parties and all ancillary or incidental activities to the transportation of motor vehicles. Without limiting the aforegoing, this shall include the receiving despatching, clearing of, or accounting for motor vehicles and repair or maintenance of vehicle carriers within the premises of the employers in the Motor Ferry Industry.

 

"new business"

means an enterprise in its first year of operation regardless of the format of the business;

 

"night shift"

means a shift where 5,5 or more of the ordinary working hours (overtime excluded) of the shift fall within the period 18h00 to 06h00 the next day and excludes any employees who qualify for and receive a subsistence allowance;

 

"Operations Clerk"

means a person who receives instructions and vehicle pre-delivery plans and documentation and who issues this to drivers (Code 8, Large trucks requiring a code 10 or 14 driving license and Carrier drivers) for delivery. He/she collects and checks post-delivery documentation to ensure it has been correctly completed;

 

"Operations Coordinator or Team Leader"

means a person who coordinates and gives instructions to a team of Code 8 Drivers to carry out inspections and to move vehicles into line for loading or to storage or to a dealer. He/She also ensures that relevant documentation is correctly signed off and returned to the office. He/she sometimes drives a small passenger bus to collect drivers who have delivered vehicles to various destinations;

 

"ordinary hours of work"

means the ordinary hours of work prescribed in clause 8 or, if by agreement between an employer and the employee, the latter works a lesser number of ordinary hours, such lesser hours;

 

"overtime"

means the time that an employee works during a day or a week in excess of the ordinary hours of work;

 

"owner driver"

means an employer who is the owner or part-owner or leaseholder or renter of and who himself/herself drives a motor vehicle in transporting motor vehicles for hire or reward;

 

"part-time employee"

means an employee not working full-time but who is employed on a permanent basis, and who is only required to work a fixed and limited number of hours per day, per week or per month;

 

"parties"

means the parties to this Agreement;

 

"permanent employee"

means an employee employed by an employer on a permanent indefinite term;

 

"Pilot Driver"

means a driver of a small passenger carrying vehicle (such as a Siyayaya bus) who picks up drivers who have delivered cars on behalf of customers;

 

"Pump Attendant"

means a person who pumps fuel into vehicles, takes tanks readings and records and reconciliates fuel usage;

 

"Receptionist"

means a person who operates a telephone switchboard, greets and welcomes and directs visitors. He/She also assists with general administrative duties;

 

"relief employee"

means an employee, other than the employee of a temporary employment service or a limited term employee, who is employed by the same employer on not more than 14 days per month and not more than 120 days in a 12 month period. Any reference to a casual employee in this Agreement shall be deemed to be a reference to a "relief employee";

 

"remuneration"

for the purposes of severance pay, means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person;

 

"Sangoma"

means a person who has been trained and qualified as a Sangoma and who is properly recognised in the community as such;

 

"severance pay"

means payments to which employees are entitled in terms of clause 24 of this agreement if they are dismissed due to operational requirements;

 

"shift"

this means any consecutive period of work, in the course of a working day that has been set by the employer for the execution of all work activities delegated to an employee, but shall not be deemed to include any period of overtime. Provided that each public holiday, each Sunday on which an employee is required to work, each Saturday on which an employee works at least nine hours, or each working day of absence on leave or sick leave, family responsibility leave, study leave, or on the instruction of the employer, as specified in the Agreement, shall be computed as one shift per day;

 

"Stock Controller"

means a person who extracts, inputs, reconstructs, and distributes electronic stock data and reports regarding vehicles to employees, dealerships and clients. This includes physical stock taking activities and compiling and completing of reconciliation reports;

 

"substantive issues"

means all issues involving cost and affecting the wage packet of employees;

 

"temporary employment service"

means any person who, for reward, procures for or provides to a client other person(s)—

(i)        who render services to, or perform work for, the client; and

(ii)        who are remunerated by the temporary employment service;

 

union member"

means a paid up member as defined in a union's Constitution;

 

"Vehicle Controller"

means a person who extracts and inputs electronic and manual data regarding the whereabouts and other information regarding a Car Carrier or any other vehicle involved in deliveries for a client. It includes:

(i) communicating and liaising with drivers of such vehicles and relevant branch staff to ensure that the dispatch plan is correctly implemented and the coordination, receipt of information and the giving of instructions incidental to the achievement of the plan; and
(ii) the visual monitoring of vehicles by satellite or other means;

 

"Vehicle inspector''

means a person who checks interior and exterior of vehicles for damage or losses;

 

"wage"

means the amount of money payable to an employee as a basic wage in respect of his/her ordinary hours of work as specified in clause 5: Provided that, if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in clause 5 it means such higher amount;

 

"wage register"

means the record required to be kept by employers in terms of clause 33;

 

"working day"

means any period of ordinary hours of work, overtime, meal intervals and rest intervals falling within a single 24 hour cycle and shall be deemed to commence from the time at which an employee starts his/her tour of duty;

 

"Workshop Assistant"

means an employee who checks and changes tyres, carries out minor repairs, on basic equipment under supervision, using limited tools and manual equipment and also assists in cleaning the work area and workshop;

 

"Yard Supervisor"

means a person who coordinates daily operations and activities of drivers and yard staff in the depots. This includes the parking and documentation of incoming vehicles in parking bays, yard housekeeping, managing yard space, participating in SARs and customs inspections, as well as carrying out mothballing procedures for vehicles in long term storage;

 

"year"

in respect of an employee, means any period of employment in the Industry extending over a period of 252 completed shifts;

 

3.2 The Council shall be the body responsible for the administration of this Agreement and may, for the guidance of employers and employees, issue interpretations and rulings not inconsistent with the provisions thereof or of the Act.