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

Notices

National Bargaining Council for the Electrical Industry of South Africa:

Extension of Consolidation of Collective Agreement to Non-parties

Part I

5. Definitions

 

 

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 in this Agreement to an Act shall include any amendments to such Act; further, and unless the context otherwise indicates—

 

"abscond"

means the absence from work of an employee for a period in excess of five consecutive working days without the employer being informed or notified of the reasons therefore, or the desertion by an employee of his employment for reasons unknown to the employer;

 

"Act"

means the Labour Relations Act 66 of 1995;

 

"apprentice"

means an employee serving under a written contract of apprenticeship registered with the relevant SETA;

 

"Area A"

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

 

"Area B"

means the Magisterial Districts of Amersfoort, Balfour, Bethal, Bochum, Brits, Ermelo, Garankuwa, Highveld Ridge, Klerksdorp, Kriel, Malamulela, Mankwe, Mhala, Middelburg (Mpumalanga), Mmabatho, Mokerong, Moretele, Nelspruit, Nsikazi, Phokwani, Pietersburg, Piet Retief, Pongola, Potchefstroom, Rustenburg, Seshego, Standerton, Thabamoopo, Themba, Thohoyandou, Volksrust, Wakkerstroom, and White River;

 

"Area C"

means the Magisterial Districts of Barberton, Belfast, Bloemfontein, Bloemhof, Bolobedu, Botshabelo, Carolina, Christiana, Coligny, Delareyville, Dzanani, Eerstehoek, Ellisras, Giyani, Groblersdal, Hlangani, Koster, Letaba, Lichtenburg, Lulekani, Lydenburg, Madikwe, Mapulaneng, Marico, Mbibana, Mdutjana, Messina, Moutse, Mutali, Namakgale, Naphuno, Nebo, Nkomazi, Pilgrim's Rest 1 and 2, Phalaborwa, Potgietersrus (only the district north of the Me lk River), Schweizer‑Reneke, Ritavi, Sekgosese, Sekhukhuneland, Soutpansberg, Swartruggens, Thabazimbi, Ventersdorp, Vuwani, 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, Welkom and Witsieshoek;

 

"Area E"

means the Magisterial Districts of Barkly West, Bethulie, Boshof, Bothaville, Brandfort, Britstown, Bulffontein, Carnarvon, Clocolan, Colesberg, De Aar, Dewetsdorp, Edenburg, Excelsior, Fauresmith, Ficksburg, Fouriesburg, Frankfort, Fraserburg, Gordonia, Hanover, Hartswater, Hay, Heilbron, Herbert, Hoopstad, Huhudi, Jacobsdal, Jagersfontein, Kenhardt, Kimberley (outside a 20 km radius from the General Post Office), Koffiefontein, Koppies, Kudumane, Kuruman, Ladybrand, Lindley, Marquard, Noupoort, Petrusburg, Philippolis, Philipstown, Prieska, Postmasburg, Reddersburg, Reitz, Richmond (Northern Cape), Rouxville, Senekal, Smithfield, Thabanchu, Theunissen, Trompsburg, Victoria West, Viljoenskroon, Vrede, Vredefort, Vryburg, Warrenton, 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, Barkley East, Bedford, Bizana, Butterworth, Cala.) Cathcart, Centani, Cofimvaba, Cradock, Elliot, Elliotdale, Engcobo, Flagstaff, Fort Beaufort, Graaff-Reinet, Hankey, Herschel, Hewu, Hofmeyer, Idutywa, lndwe, Jansenville, Keiskammahoek, Kentani, King William's Town, Kirkwood, Komga, Kwabhaca, Lady Grey, Lady Frere, Libode, Lusikisiki, Maclear, Maluti, Mdantsane, Middelburg (Eastern Cape),Middledrift, Molteno, Mount Ayliff, Mount Fletcher, Mount Frere, Mpofu, Mqandul, Mthatha, Murraysburg, Ngqeleni, Nqamakwe, Ntabethhemba, Pearston, Peddle, Port St Johns, Prince Albert, Qumbu, Queenstown ,Siphageni, Somerset East, Sterkspruit, Sterkstroom,Steynsburg,Steytlerville,Stutterheim,Tabankulu,Tarkastad,Tsolo,Tsomo,Venterstad, Victoria East, WillowmoreWillowvale, Wodehouse;, Xhora and Zwelitsha;

 

"Area I"

means the Magisterial Districts of Bellville ,Cape, Goodwood, Kuils River, Mitchell's Plain, Simonstown, and Wynberg;

 

"Area J"

means the Magisterial Districts of Camperdown, Chatsworth, Durban, Inanda, Kranskop, Lions River, Lower Tugela, Ndwedwe, New Hanover, Mapumulu, Pietermaritzburg, Pinetown, Richmond, Umbumbulu, Umlazi, and Umvoti, inclusive of any former self governing territories located therein;

 

"Area K"

means the Magisterial Districts of Alfred, Babanango, Bergville, Danhauser, Dundee, Eshowe, Estcourt, Glencoe, Hlabisa, Impendle, Ingwavuma ,Ixopo, Kliprivier, Lower Umfolozi, Mahlabitini, Mooi River, Mount Currie, Msinga, Mtonjaneni, Mtunzini, Newcastle, Ngotshe, Nkandla, Nongoma, Nqutu, Paulpietersburg, Polela, Port Shepstone, Simdlangentsha, Ubombo, Umzinto, Underburg, Utrecht, Vryheid and Weenen, inclusive of any former self governing territories located therein; and Umzimkulu in the Eastern Cape;

 

"Area L"

means the Magisterial District of East London;

 

"Area M"

means the Magisterial Districts of Gordon's Bay, Malmesbury, Paarl, Somerset West, Stellenbosch, Strand and Wellington;

 

"Area N"

means the Magisterial Districts of Calvinia, Clanwilliam, Hopefield, Morreesburg, Namaqualand, Piketberg, Sutherland, Vanrhynsdorp, Vredenburg and Vredendal;

 

"Area 0"

means the Magisterial Districts of Bredasdorp, Caledon, Ceres, Heidelberg, Hermanus, Laingsburg, Montague, Robertson, Swellendam, Tulbagh and Worcester.

 

Note: In the event of any magisterial district being omitted from the above, the Council will determine under which Area such district should be placed.

 

"artisan"

means an employee who has completed his training in terms of the Manpower Training Act, 1981, or is in possession of a certificate issued by a relevant SETA or by the former Electrical Contracting Industries Training Board recognising that he has received training sufficient to entitle such an employee to work as an artisan in the Industry;

 

"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 excluding the Electrical Industry;

 

"certificate"

means a certificate of registration issued in terms of regulation 11(3) of the Electrical Installation Regulations, 2009;

 

"civil disorder"

means the concerted action of a number of people, not employed by the employer, to disrupt, for any purpose whatsoever, the normal activities of the employer at his place of business or any working site, or to prevent employees either from reaching such place of business or working site or from commencing or continuing to work;

 

"Council"

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

 

"domestic appliance mechanic (DAM)"  or "refrigeration mechanic"

means an employee engaged in one or more of the following classes of work :

diagnosing faults in, or directing or executing repairs or adjustments to, or servicing, assembling, erecting and/or installing ranges, refrigerators, washing machines, ironers, air-conditioning units and all other major electrical appliances, carrying out final tests or supervising of such operations, but does not include an employee engaged in connecting to existing outlets, refrigerators, ranges, or other domestic electrical appliances;

 
"domestic appliance repairer (DAR)"

(Areas J and K only) means an employee engaged in -

(a) the following operations when performed in the workshops of an establishment in connection with the repair of heating and/or drying and/or personal care appliances of a load not exceeding five amperes, except in the case of domestic heating appliances where the load does not exceed 15 amperes—
(i) repairing and/or replacing heating elements on appliances,
(ii) repairing and/or replacing ceramic or other insulating spacers, including fixing,
(iii) repairing and/or re-assembling heating element containers,
(iv) removing and/or replacing motors not exceeding 750 watts at the direction of an artisan, excluding final testing,
(b) any or all of the operations carried out in connection with the installation of burglar or other similar alarm systems—
(i) connecting cables of electromechanical devices;
(ii) adjusting vibration contracts to pre-set limits;
(iii) soft soldering by hand;
(iv) foiling windows.

 

"driver"

means an employee engaged in driving a mechanical vehicle on a public road who is in possession of a valid driver's licence issued under any Road Traffic Ordinance;

 

"electrical assistant"

means an employee who is engaged in any or all of the following tasks:

(a) Digging holes and trenches, planting poles and laying cables in trenches;
(b) chasing and cutting walls and concrete floors for conduit;
(c) loading or unloading materials;
(d) stripping redundant installations and equipment incidental thereto from which the supply cables have been removed;
(e) cleaning office and workshop areas;
(f) preparing refreshments;
(g) installing and fixing of flush and surface mounted wireways and ancilliary equipment thereto;
(h) installing cables including the fitting of glands, making off and securing such cables, but excluding the connection thereof;
(i) assisting with erecting and connecting luminaires;
(j) assisting with operating a trenching machine once trained;
(k) assisting a master installation electrician, an installation electrician, an electrical tester for single-phase, an electrician, an artisan, a domestic appliance mechanic, a domestic appliance repairer and an Elconop 1, Elconop 2 or Elconop 3, but not performing any work individually except as set out in (a) to (j) above;

 

"electrical construction operator level 1"

(hereinafter referred to as 'Elconop 1') means an employee who has received on-the-job training by the employer and who undertakes any of the following tasks and who may use the tools necessary to perform such tasks—

(a) installing and fixing of flush and surface mounted wire ways and ancillary equipment incidental thereto;
(b) installing of cables including the fitting of glands, making off and securing of such cables but excluding the connection thereof;
(c) installing and connecting of socket outlets;
(d) erecting and connecting of luminaries;
(e) operating a trenching machine;
(f) performing the work of an electrical assistant and general assistant;
(i) assisting a master installation electrician, an installation electrician, an electrical tester for single-phase, an electrician or artisan and an Elconop 2 or Elconop 3, but not performing any work individually, except as set out in (a) to (f) above;

 

"electrical construction operator, level 2"

(hereinafter referred to as 'Elconop 2')

means an employee who is in possession of proof of proficiency as Elconop 1 issued by his employer, who has undergone on-the-job training and has successfully passed the examination for Elconop 2 in line with the basic requirement for NQF Level 2 Core at an institutionalised training centre accredited by a relevant Sector Education Training Authority (SETA) recognised by the Council, and who may be engaged in any or all of the following tasks, and may use the tools necessary to perform such tasks: Provided such tasks are carried out only on new installations or on major renovations to structures or buildings from which the power has been disconnected from the main supply, and are carried out under the supervision of a master installation electrician, an installation electrician, an electrician, an electrical tester for single-phase, an electrician/artisan or an Elconop 3—

(a) placing and drawing in of conductors into wire ways;
(b) installing and connecting of lighting, cooker, water heater and low voltage systems including systemised and/or innovative wiring systems, but excluding the connection of distribution boards;
(c) installing of under floor heating systems;
(d) jointing of cables using epoxy or other approved means, as well as the connection of such cables on installations where the supply has been switched off;
(e) simple arc gas welding;
(f) performing the work of an electrical assistant, general assistant or Elconop 1;
(g) assisting a master installation electrician, installation electrician, electrical tester for single phase, an electrician/artisan and an Elconop 3.

 

"electrical construction operator level 3"

(hereinafter referred to as 'Elconop 3')

means an employee who has been employed in the Industry as an Elconop 2 for a continuous period of at least 12 months and has received training in line with the basic requirements of NQF Level 3 Core at an institutionalised training centre accredited by a relevant Sector Education Training Authority (SETA) recognised by the Council and has successfully passed the appropriate examination to entitle such employee to be employed as an Elconop 3 in the Industry, or who is in possession of a registration card issued by the Council recognising him as an Elconop 3.

 

"electrical contractor"

means a person who undertakes to perform electrical installation work on behalf of any other person, but excludes an employee of such first mentioned person;

 

"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) 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;

 

"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: Provided that such installation is beyond the supply authorities point of supply.

 

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 as defined in the Council's certificate of registration.

 

"electrical installation"

means any machinery, in or on any premises, used for the transmission of electricity from a point of control to a point of consumption anywhere on the premises, including any article forming part of such an installation irrespective of whether or not it is part of the electrical circuit, but excluding—

(a) any machinery of the supplier related to the supply of electricity on the premises;
(b) any machinery which transmits electrical energy in communication, control circuits, television or radio circuits;
(c) an electrical installation on a vehicle, vessel, train or aircraft; and
(d) control circuits of 50 V or less between different parts of machinery or system components, forming a unit, that are separately installed and derived from an independent source or an isolating transformer;

 

"electrical tester for single-phase"

means a person who has been registered as an electrical tester for single-phase in terms of either the Electrical Installation Regulations 1992 or 2009 made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of electrical installations supplied by a single-phase electricity supply at the point of control; excluding specialised electrical installations;

 

"electrical wiring"

means the design, installation, alteration, repair or testing of any cable, conductor, fitting, apparatus or conduit used or intended to be used for purposes integral or incidental to the supply and/or consumption of electricity;

 

"electrician"

means an employee who has completed an apprenticeship in terms of the Manpower Training Act, 1981 in a trade relevant to the Industry, or who has received training recognised by a relevant SETA as being sufficient to entitle him to work as an electrician in the 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 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 the place where the employer normally carries on his business and where his wage records are kept;

 

"foreman"

means an electrician or artisan who has been appointed by his employer to supervise work defined in this Agreement : Provided that such employee may also be required to undertake electrical installation work himself if so required by his employer;

 

"Freedom of Association"

means the right of an employee to join or not to join a trade union of his choice, and the right of an employer to join or not to join an employers' organisation of his choice;

 

"general assistant"

means an employee who

(a) is engaged in any or all of the following tasks;
(i) Digging holes and trenches, planting poles and laying and pulling cables in trenches;
(ii) chasing and cutting walls and concrete floors for conduit, providing no power tools are used;
(iii) loading or unloading materials;
(iv) stripping redundant installations and equipment incidental thereto from which the supply cables have been removed;
(b) is employed on the following terms and conditions—
(i) no such employee shall be employed for a total period exceeding 4 months in any calendar year, with the same employer;
(ii) the prescribed minimum wage rate of an employee shall not be less than 75% of the prescribed minimum wage rate of an Electrical Assistant;
(iii) all general assistants shall be included in the Council's monthly return forms and an employer shall be required to pay all applicable contributions and subscriptions in terms of the Council's collective agreements excluding pension/provident fund, sick pay fund and risk benefits;

 

"independent appeals body"

means any person or persons appointed by the Council in terms of Section 32 of the Labour Relations Act 66 of 1995, as amended, from an accredited institution, to hear and decide any appeal brought against the Council's refusal of a non party's or a party's application for exemption from the provisions of the collective agreement and the withdrawal of such an exemption by the Council;

 

"installation electrician"

means a person who has been registered as an installation electrician in terms of the Electrical Installation Regulations,1992 or 2009, made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of any electrical installation, excluding specialised electrical installations;

 

"installation work"

means—

(a) the installation, extension, modification or repair of an electrical installation;
(b) the connection of machinery at the supply terminals of such machinery; or
(c) the inspection, testing and verification of electrical installations for the purpose of issuing a certificate of compliance;

 

"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;

 

"learner"

means the person who is party to a learnership agreement with an employer or group of employers, and a accredited training provider or a group of accredited training providers;

 

"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;

 

"lock-up"

means any vehicle shed, room, workshop, factory, or similar place, constructed of four walls and a roof, composed of concrete, brickwork, wood, iron or any combination thereof, which can be securely locked, the whole to be so constructed as to provide a place of safe-keeping at any time of employees' tools and clothes and all other tools issued to them by the employer;

 

"master installation electrician"

means a person who has been registered as a master installation electrician in terms of the Electrical Installation Regulations,1992 or 2009, made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of any electrical installation;

 

"piece work"

means any system under which the minimum wage to which an employee is entitled is calculated solely on the quantity or output of work done, irrespective of the time spent on such work;

 

"premises"

means any land and any building or structure, or part thereof, above or below the surface of any land and includes any vehicle, aircraft or vessel;

 

"public holiday"

means any day that is a public holiday as determined in the Public Holidays Act 36 of 1994.

 

"region A"

means the Provinces of Gauteng, Limpopo, Mpumalanga, and North West Province.

 

"region A1"

means the Free State/Northern Cape Region incorporating the Provinces of the Free State and the Northern Cape; but excludes the Magisterial Districts of Calvinia ,Namaqualand and Sutherland in the Northern Cape.

 

"region B"

means the Eastern / Southern Cape Region incorporating the Province of the Eastern Cape and the Magisterial Districts of Beaufort West, Calitzdorp, George, Knysna, Ladismith, Mossel Bay, Murraysburg, Oudshoorn, Prince Albert, and Uniondale in the Western Cape Province but excludes the Magisterial District of Umzimkulu in the Eastern Cape;

 

"region C"

means the Province of Kwazulu Natal and the Magisterial District of Umzimkulu in the Eastern Cape;

 

"region D"

means the Province of the Western Cape and the Magisterial Districts of Calvinia, Namaqualand and Sutherland in the Northern Cape but excludes the Magisterial Districts of Beaufort West, Calitzdorp, George, Knysna, Ladismith, Mossel Bay, Murraysburg, Oudshoorn, Prince Albert, Riversdale and Uniondale in the Western Cape.

 

"registered person"

means a person registered in terms of regulation 11 of the Electrical Installation Regulations, 2009, as an electrical tester for single phase, an installation electrician or a master installation electrician, as the case may be;

 

"remuneration"

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's working for any other person, and "remunerate" has a corresponding meaning and for the purposes of calculating an employee's annual leave pay, notice pay or severance pay, an employee's remuneration—

(a) the cash value of any payment in kind that forms part of the employee's remuneration unless the employee receives that payment in kind and includes—
(i) a housing or accommodation allowance, or subsidy or housing or accommodation received as a benefit in kind;
(ii) car allowance or provision of a car, except to the extent that the car is provided to enable the employee to work;
(iii) any cash payments made to an employee, except those listed as exclusions below;
(iv) any other payment in kind received by an employee, except those listed as exclusions below
(v) employer's contributions to medical aid, pension, provident fund or similar schemes;
(vi) employer's contributions to funeral or death benefit schemes.
(b) excludes—
(i) Any cash payment or payment in kind provided to enable the employee to work (for example, an equipment, tool or similar allowance or the provision of a transport allowance to enable the employee to travel to and from work);
(ii) A relocation allowance
(iii) Gratuities (for example, tips received from customers) and gifts from the employer;
(iv) Share incentive schemes;
(v) Discretionary payments not related to an employee's hours of work or performance (for example, a discretionary profit-sharing scheme);
(vi) An entertainment allowance;

(vii)        An education or schooling allowance.

 

"retrenchment"

means a termination of employment due to the employer's operational requirements,

 

"SAQA"

means the South African Qualifications Authority established by section 3 of the SAQA Act.

 

"SETA"
means the Sector Education and Training Authority established in terms of section (a)(i) of the Skills Development Act, 1998;

 

"shift"

means a working day;

 

"Short time" means a lesser number of ordinary hours an employee may be required to work on any working day or working days owing to a shortage of work and/or materials and/or any unforeseen contingencies and circumstances beyond the control of the employer.

 

"specialised electrical installations"

means electrical installations in—

(a) hazardous locations as contemplated in SANS,10108
(b) anaesthetising and medical locations as contemplated in SANS 10142 -1
(c) explosive atmospheres as contemplated in SANS 10086 - 1,or
(d) the petroleum industry as contemplated in SANS 10089 - 2;

 

"specified formal training"

means a structured learning component and practical work experience of a specified nature and duration, and culminates in a qualification registered with SAQA;

 

"Storeman"

means an employee who is engaged in any or all of the following tasks;

(i) Stacking and storage of materials, tools and equipment;
(ii) Issuing and recording of materials;
(iii) Receiving and recording regular stock counts;
(iv) Recording of materials on site;
(v) Control of materials in the store;
(vii) Checking and ascertaining the correctness of materials received; and
(viii) Issuing of such materials

 

"suitable accommodation"
means a hotel, boarding house, caravan or other suitable accommodation and in the event of a dispute in regard to what is suitable accommodation the Council shall give a ruling;
 
"temporary employment service"
means any person who, for reward, procures for or provides to a client other persons who render services to, or perform work for, the client and who are remunerated by the temporary employment service;
 
"wage"
means the hourly rate prescribed in clause 4 of Part II of this Agreement: Provided that where an employer regularly pays an employee an amount higher than that prescribed in the said clause, it shall mean such higher amount;
 

"wireways"

means cable trays or any enclosed casing for containing wires, cables or busbars;

 

"working day"

means any day, other than a Saturday, a Sunday or a public holiday;

 

"working employer"

means an employer or any partner in a partnership who does manual work in the Industry, a sole proprietor, a working director or an employer who is engaged in any work defined in this Agreement, and who is deemed to be an employee in respect of whom contributions are required to be made in terms of this Agreement and if he is a partner, a certified copy of the deed of partnership shall be lodged with the Council;

 

"workplace"

means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function or organisation, the place or places where employees work in connection with each independent operation, constitutes the workplace for that operation.