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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Conditions of Employment Collective Agreement

Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties

Chapter 1 - Application and Interpretation of Agreement

1.3 Definitions and expressions

Purchase

Any expression used in this agreement which is defined in the Labour Relations Act 66 of 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context;

"Act"

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

"Acting allowance"

means a temporary allowance paid to an employee while acting in a position higher than their current job grade;

"Adoption order"

means an adoption order as envisaged in the Children's Act, 2005 (Act No.38 of 2005);

"Adoptive parent"

has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005);

"Bargaining Unit"

shall mean the bargaining unit comprising those employees engaged in the industry in Task Grades 1 - 9 inclusive;

"BCIMA"

means the Building Construction Industry Medical Aid as administered by Status Medical Aid Administrators (Pty) Ltd;

"CIRBF"

means the Construction Industry Retirement Benefit Fund;

"Civil Engineering Industry" - see "Industry";

"Council"

means the Bargaining Council for the Civil Engineering Industry;

"CPI"

means the consumer price index as published by STATS SA regarding inflation. For the purposes of this agreement, CPI is calculated by averaging the months of April, May and June of the applicable year;

"Cross border work"

means work performed outside the borders of the Republic of South Africa;

"Employee"

means—

(i.)	Any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive,any remuneration; and

(ii.)

Any other person who in any manner assists in carrying on or conducting the business of an employer.

"Employer"

means any person whosoever, including a temporary employment service as defined in section 198(1) of the Act, who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person whosoever in any manner to assist him in the carrying on or conducting of his business;

"Emergency work"

means any work which owing to unforeseen circumstances such as fire, storm, land subsidence, accident, epidemic, act of violence, theft, a breakdown of plant, motor vehicles or machinery or a breakdown or threatened breakdown of structures, or any critical operational requirement, must be done without delay;

"Family responsibility leave cycle"

means the period of 36 consecutive months' employment with the same employer immediately following:

(i)	An employee's commencement of employment; or

(ii)	The completion of that employee's prior family responsibility leave cycle;

"Hourly-rated employee"

means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;

"Industry"

means the Civil Engineering Industry in which employers (other than local authorities) and employees are associated for the purpose of carrying out work of a civil engineering character normally associated with the civil engineering sector and includes such work in connection with any one or more of the following activities:

The construction of aerodrome runways or aprons;aqueducts, bins or bunkers; bridges, cable ducts, caissons; rafts or other marine structures; canals, cooling, water or other towers; dams; docks; harbours; quays or wharves; earthworks; encasements; housing or supports for plant, machinery or equipment; factory or works chimneys; filter beds; land or sea defence works; mine headgears; pipelines; piers; railways; reservoirs; river works; roads or streets; sewerage works; sewers; shafts or tunnels; silos; sports fields or grounds; swimming baths; viaducts or water treatment plants; and/or

Excavation and bulk earthworks; bush clearing and de-stumping; topsoil stripping; drilling and blasting; preparation of bench areas, drilling pre-split holes, blasting and/or cast blasting; secondary blasting; loading, hauling and dumping of mineralized and/or waste material to waste dumps or processing plant feed (ROM pad) stockpiles; production dozing of top soil, inter burden or waste material; pumping and dewatering of storm and/or contaminated water, construction and maintenance of; access and haul roads; ramps; waste and processing plant feed (ROM pad) areas; safety beams;high walls; benches; storm water systems,catch drains, bund walls, surge dams; trimming, scaling or chain dragging of batters, heap-leach pads, tailings dams; dust suppression of loading areas, haul roads and dumping areas; rehabilitation of earth work areas or waste dumps;topsoil spreading , hydro-seeding and watering; and/or

c.	Excavation work or the construction of foundations. lift shafts, piling, retainings, stairwells, underground parking garages or other underground structures; and/or

d.	The asphalting, concreting, gravelling, levelling or paving of parking areas, pavements, roads, streets, aerodrome runways or aprons, premises or sites;

and further includes:—

e.	Any work of a similar nature or work incidental to or consequent on any of the aforesaid activities; and/or

f.	The making, repairing, checking or overhauling of tools, vehicles, plant, machinery or equipment in workshops which are conducted by employers engaged in any of the activities referred to in sub - clauses (a) to (f) inclusive;

but excluding:—

(i)

Work in connection with any one or more of the activities specified in sub-clause (c) where such work , when undertaken in connection with the erection of structures having the general character of buildings and irrespective of whether or not such work involves problems of a civil engineering character, is carried out by the employers erecting such structures;

(ii)	Work in connection with any one or more of the activities specified in sub-clause (c) when undertaken as an incidental operation in connection with the erection of structures having the general character of buildings or when undertaken by the employers erecting such structures;

(iii)

Any work falling within the scope of any other industry,and

(iv)	The Mining Industry which is defined as the industry where employers and employees are associated for the purpose, directly or indirectly , for the winning,extracting, processing and refining of a mineral in,on or under the earth or water or from any residue stockpile or residue deposit.

"Law"

means all constitutions; statutes; regulations; by-laws; codes; ordinances, or instructions by any Governmental Body; and the common law, and "laws" shall have a similar meaning;

"Limited duration contracts of employment"

means a contract of employment whose duration is limited to the completion of a specified activity or the expiry of a specified period;

"Local authority"

means a "Municipality" as defined in the Local Government: Municipal Systems Act; 2000;

"Minister"

means the Minister of Employment and Labour;

"Night Work"

means work performed by an employee between 18:00 and 06:00 the following day;

"Ordinary hours of work"

means hours worked other than overtime or time worked on Sundays or Public Holidays;

"Overtime"

means the time that an employee works in a day or week, in excess of the hours ordinarily worked by an employee in such day or week, subject to the maximum ordinary hours prescribed in this agreement, but does not include work performed on a Sunday or a paid public holiday;

"Paid public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);

"Pay"

means payment of remuneration in cash, electronic transfer, by cheque or by other means;

"Permanent employee"

means any employee who is not an employee employed in terms of a limited duration contract;

"Piece-work"

means any system under which an employee"s remuneration is based on the quantity of work done;

"Salaried employee"

means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee.

"Self-propelled plant"

means a power-driven or pedestrian-operated self-propelled vehicle, other than a motor vehicle, which is designed or adapted principally to perform with or without a towed attachment, one or more functions while moving, and may also perform such functions while standing still;

"Scheduled employee"

means an employee whose minimum rate of pay is scheduled in the Wage and Task Grade Collective Agreement, irrespective of whether the employee is employed in terms of an exemption from this agreement or under conditions determined by the Council;

"Short-time"

means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather , a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employer"s ability to provide work;

"Spouse"

means a life partner recognised in terms of the Marriage Act, 25 of 1961 as amended, or of a customary marriage in terms of the Recognition of Customary Marriages Act, 120 of 1998, or a civil union recognised in terms of the Civil Union Act of 2006;

"Stationary plant"

means a power-driven device, whether or not mounted on a self-propelled or non-self-propelled vehicle, which is designed or adapted principally to perform one or more functions while standing still;

"Wage"

means the gross hourly, daily, weekly or monthly remuneration to which a scheduled employee is entitled in terms of this agreement, in respect of the employee's ordinary hours of work; provided that if an employer regularly pays an employee in respect of such ordinary hours of work, an amount higher than that prescribed in the Wage and Task Grade Collective Agreement, it means such higher amount; provided further that such higher amount does not include allowances or entitlements.