Public Service Commission Act, 1997
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI : Extension of Dispute Resolution Collective Agreement to Non-PartiesDispute Resolution Collective Agreement for the Civil Engineering IndustryChapter 1 : Scope and application of this agreement1.3. Definitions |
Unless the context of this agreement indicates otherwise, any expressions, words or phrases used in this agreement shall have the same meaning as defined in the Labour Relations Act 66 of 1995 and any reference to an Act shall include any amendments 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 of 1995 66 of 1995 as amended, and includes any regulation made in terms of that Act.
"Agreement enforcement disputes"
refer to those disputes emanating from the Council's collective agreements.
"Associations"
means any unincorporated body or persons.
"DRC"
shall mean the Council's "Dispute Resolution Centre".
"Collective agreement"
includes—
| (i) | any collective agreement signed under the auspices of the Council; and |
| (ii) | the rules of any fund or scheme established by the Council. |
"Commission" or "CCMA"
means the Commission for Conciliation, Mediation and Arbitration (CCMA), established in terms of Section 112 of the Act.
"Con-arb"
means proceedings held in terms of Section 191(5A) of the Act.
"Council"
means the Bargaining Council for the Civil Engineering Industry registered in terms of Section 29 of the Act.
"Commissioner"
means an accredited individual appointed by the Council to resolve disputes.
"Deliver"
means serve on other parties and file with the Council.
"Designated agent"
means any person appointed as a designated agent in terms of section 33(1) of the Act.
"Dispute"
includes an alleged dispute and means any situation where—
| (i) | two or more parties are unable to reach agreement on a matter of mutual interest between them, and one or more of those parties advise the Council in writing that they are in dispute; or |
| (ii) | the Council by way of its designated agents or any other person so appointed by the Council, declares a dispute against an Employer and/or Employee for failure to comply with the provisions of one or more of the Council's Agreements. Notification of declaration of dispute shall be contained in a compliance order issued to the employer and for employee in respect of the identified contraventions; or |
| (iii) | any dispute in terms of the Labour Relations Act 66 of 1995 which must be referred to the Council. |
"Employer"
means any person, including a temporary employment service (TES) as defined in section 198(1) of the Act, who employs or provides work to another person, other than a volunteer or an independent contractor, and who remunerates or undertakes, expressly or tacitly, to remunerate that person and who permits that other person to assist in any manner in the carrying on or conducting of the business.
"Establishment"
is any premises or site wherein or whereon the Industry, or part thereof, as herein defined, is carried on.
"File"
means to lodge with the Council in terms of Rule 7 of Annexure A.
"General Secretary"
means the General Secretary of the Council appointed by the annual general meeting of the Council.
"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:
| (a) | 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 headgear/s; 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 |
| (b) | Excavation and bulk earthworks; bush clearing and de-stumping; topsoil stripping; drilling and blasting; preparation of bench areas, drilling pre-split holes and 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, retaining walls, stairwells, underground parking garages or other underground structures; and/or |
| (d) | The asphalting, concreting, graveling, leveling 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 definition (iii) 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 definition (iii) 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. |
"Labour Court"
means the Labour Court established by Section 151 of the Act and includes any judge of the Labour Court.
"Party"
means—
| (i) | the Council; |
| (ii) | any or all of the employers' organisation(s) and/or trade union(s) listed as members of this Council; |
| (iii) | any employers' organisation(s) and/or trade union(s) not listed as a member of this Council; and/or |
| (iv) | any employer and/or employee and/or any of the organisations referred to in (ii) or (iii) hereof acting on their behalf. |
"Rules"
means the rules for conciliation, arbitration and other proceedings before the Council, as contained in Annexure A and includes footnotes appearing in any rule.
"Public holiday"
means a public holiday referred to in section 1 of the Public Holidays Act 36 of 1994.
"Serve"
means to serve a document in accordance with Rule 5 of Annexure A and "service" has a corresponding meaning.
