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

Notices

National Bargaining Council for the Wood and Paper Sector

Dispute Resolution Levy and Registration of Employers Collective Agreement

4. Definitions

Purchase

In this Agreement, unless inconsistent with or otherwise indicated by the context, the following terms shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings—

[Introduction inserted by section 3 of Notice No. R. 41, GG39610, 22 January 2016]

"Act"

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

"Agreement"

includes Council Collective Agreement No. 6.1.1 of 2005;

"application for exemption”

means an application for exemption from any provisions of this Agreement;

"BCEA"

means the Basic Conditions of Employment Act, No. 75 of 1997;

"business entity"

means a business premises or part thereof, on or in connection with which one or more employees are employed in the Wood and Paper Sector;

"Chamber Exemption Committees"

means the committees established by the Council in terms of clause 8 of the constitution, which shall have delegated powers to deal with exemption applications in terms of clause 10 of this Agreement on behalf of the Council;

"Commission"

means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Act;

"constitution"

means the constitution of the Council;

"Council" or "Bargaining Council"

means the National Bargaining Council for the Wood and Paper Sector registered in terms of section 29 of the Act;

"day"

means—

(i)	a calendar day; and

(ii)	the first day of any period shall be excluded and the last day is included; and

(iii)

the last day of any period shall be excluded if it falls on a Saturday, a Sunday, a public holiday or any other day on which the Council's offices are officially closed.

"establishment"

means any business premises or part thereof, on or in connection with which one or more employees are employed in the Wood and Paper Sector;

"General Secretary"

means the Secretary of the Council appointed in terms of the Constitution;

"Industry / Sector"

means the industry/sector as defined in the certificate of registration of the Council.

[Definition inserted by section 3 of Notice No. R. 41, GG39610, 22 January 2016]

"National Exemptions Committee"

means the National Exemption Appeals Committee appointed in terms of clause 16 of the constitution as amended by Council collective agreements 7.1.1 and 7.2, and/or an Independent Body as set out in section 32 of the Act;

"notice"

including any reference to "notify", "notified", "property notified", "serve" or "served" means written notice by means of effecting personal notice on the party concerned, posting a registered letter containing the notice to the office of the party concerned, or telefaxing the notice to the office of the party concerned: Provided that the telefax receipt shows that the notice has been transmitted to the address;

"objector"

means any person or organisation that indicated to the General Secretary that he opposes an application for exemption in terms of this Agreement;

"parties to the exemption dispute"

means the applicant for exemption and any objectors, whether organisations and/or individuals, and "party” has a corresponding meaning;

"Wood and Paper Sector" or "Sector"

means, without in any way limiting the ordinary meaning of the expression, the sector in which employers and their employees are associated within the following categories:

A.	Fibre and Particle Board Sector

Fibre and Particle Board Sector" means the manufacture of wood and bagasse-based fibreboard and particleboard panels in both raw and upgraded form, and includes the upgrading of such product by the application of the same and/or other material, and includes activities incidental thereto.

B.	Sawmilling Sector

(a)

"The Sawmilling Sector" means the sector concerned with the processing of timber or log to lumber, beams, planks, baulks, sleepers, wedges or other standard forms by removing the bark, splitting, cutting up, sawing, drying, planning or conversion of such timber or logs in any other manner, and includes the treatment of any of the said articles by heat or chemicals where such treatment is carried on in conjunction with any of the aforesaid activities, and includes activities incidental thereto.

(b)	manufacture, stock- piling and retailing of wood-wool, boxes, shooks, mine supports, trays, crates, poles, planks, baulks, sleepers, pallets, drum cables, shelves (excluding cupboards and cabinets) or other articles of which wood constitutes the main component, and includes incidental activities.

(c)	This sector excludes the following activities where such activities do not take place together with any other activities mentioned in (a)

Joinery;

II.	The manufacture of wagons, carts and boats as covered by the Iron, Steel, Engineering and Metallurgical Industries;

III.	The manufacture of coffins;

IV.	The manufacture of plywood, veneers, veneered boards, laminated boards, block boards, chip boards or any similar products of which wood forms the main component;

V.	The manufacture of containers or components of containers that are intended or used for the packaging or marketing of agricultural products, and

VI.

Sawmilling as defined in (a) above is not included in the scope of this Bargaining Council when it is carried out in an establishment the principal activity of which is manufacture of wooded furniture and in which concern the lumber, planks, etc. produced from their own saw milling activity are processed further into furniture.

C.	Pulp, Paper Sector

"Pulp and paper sector" means the sector concerned with the manufacture of pulp, paper, dissolving pulp and paper board, and includes activities, incidental thereto

D.	Tissue and Allied Products Sector

"Tissue and Allied Products Sector" means the sector concerned with the production or conversion and distribution by the manufacturers, licensees and importers of tissue, absorbent, infant and adult and feminine care products of any nature whatsoever, including the occupations and operations incidental thereto, whether or not the said occupations and/ or operations are carried out separately or collectively, and includes activities, incidental thereto.

E.	Paper Distributors Sector

"Paper Distributors Sector" means the sector concerned with the distribution of printers' supplies and other materials utilised by the graphic art industry in general, and includes activities, incidental thereto.

[Definition substituted by section 3 of Notice No. R. 41, GG39610, 22 January 2016]