SCOPE OF APPLICATION OF AGREEMENT. (1) The terms of this Agreement shall be observed:- (a) throughout the Republic of South Africa; and (b) by all the employers and employees in the Iron, Steel, Engineering and Metallurgical Industries who are members of the employers' organisations and the trade unions, respectively. (2) Notwithstanding the provisions of subclause (1), the terms of this Agreement shall not apply to- (a) the production of iron and/or steel and/or ferro-alloys; (b) the manufacture, for sale, of standard high-speed cutting tools made from high speed steel by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Johannesburg, Boksburg, Vereeniging and Pietermaritzburg; (c) the installation, maintenance and repair of electrical equipment referred to in paragraph (b) of the definition of 'Electrical Engineering Industry' in clause 3 of Part I of the Main Agreement published under Government Notice No. R. 404 of 31 March 1998, in the Provinces of the Cape of Good Hope and the Orange Free State; (d) assembling, servicing, installation, maintenance and/or repair of appliances, equipment, machines, devices and apparatus, whether utilising manual, photographic, mechanical, electrical, electrostatic or electronic principles, or any combination of such principles, which are primarily intended for use in accounting and/or business and/or calculating and/or office and/or educational procedures; (e) the Venetian Blind and Allied Products' Manufacturing Industry in the Province of the Transvaal; (f) the installation and/or repair of burglar and/or other similar alarm systems in the Provinces of the Cape of Good Hope and the Orange Free State; (g) the Locksmithing Trade in the Magisterial Districts of Benoni, Boksburg, Durban, Germiston, Johannesburg, Krugersdorp, Lower Umfolozi, Pinetown, Port ▇▇▇▇▇▇▇▇▇, Pretoria, Randburg, Roodepoort, Springs and The Cape; (h) the production, for sale, of welding electrodes by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Brits, Germiston, Kempton Park and Pretoria; (i) the installation and/or repair and/or servicing of radios and/or refrigerators and/or domestic electrical appliances in the Provinces of the Cape of Good Hope and the Orange Free State; (j) the manufacture from tinplate of a gauge not exceeding 0,416 mm of trunks and other containers designed to hold personal effects, sporting kit, tools and documents, and other lines manufactured principally from such tinplate. (k) the manufacture of aluminium sheet and/or foil, and interrelated operations (l) the manufacture of plumbers’ and/or engineers’ brassware by means of gravity die- casting and/or pressure die-casting and/or hot pressing and/or machining. (m) the undertaking of Billiton Aluminium S.A. (Pty) Ltd, in the magisterial District of Lower Umfolozi. (3) Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to- (a) apprentices only in so far as they are not inconsistent with the provisions of the Manpower Training Act, 1981, or learners in accordance with the provisions of the Skills Development Act 97/1998, or any contract entered into or any conditions fixed thereunder; and (b) trainees under training in terms of section 30 of the Manpower Training Act, 1981, only in so far as they are not inconsistent with the provisions of that Act or any conditions fixed thereunder and/or learners in accordance with provisions of the Skills Development Act 97/1998. (4) Clauses 1(1) (b) and 2 and the Special Provisions of this Agreement shall not apply to employers and employees who are not members of the employer's organisations and trade unions, respectively. (scope amended by Government Notice R.355 of 15 April 2005) (Scope substituted by R.368 of 4 April 2008)
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SCOPE OF APPLICATION OF AGREEMENT. (1) The terms of this Agreement shall be observed:-observed—
(a) throughout the Republic of South Africa; and
(b) by all the employers and employees in the Iron, Steel, Engineering and Metallurgical Industries Industry throughout the Republic of South Africa;
(b) in the Provinces of the Transvaal and Natal by the section of the Industry concerned with the installation, repair and servicing of radios, refrigerators and domestic electrical appliances;
(c) in the Magisterial Districts of Durban, East London, Johannesburg, Pietersburg, Pinetown and The Cape by the section of the industry concerned with radio manufacture;
(d) by all employers who are members of the employers' ’ organisations and by all employees who are members of the trade unions.
(e) By scheduled employees as defined in clause 3 of this Agreement.
(2) Notwithstanding the provisions of clauses 1(1)(d), 2 and Annexure J, the terms of this Agreement shall not apply to employers and employees who are not members of the employers organizations and trade unions, respectively.
(23) Notwithstanding the provisions of subclause (1), the terms of this Agreement shall not apply to-to the following:
(a) the production installation, repair and servicing of iron and/or steel and/or ferro-alloys;radios and domestic electrical appliances in the Provinces of the Cape of Good Hope and the Orange Free State.
(b) the manufacture, for sale, of standard high-speed cutting tools made from high high- speed steel by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Boksburg, Johannesburg, Boksburg, Vereeniging Pietermaritzburg and Pietermaritzburg;Vereeniging.
(c) the manufacture of aluminium sheet and/or foil, and interrelated operations.
(d) the installation and/or repair and/or maintenance of electrical lifts and escalators.
(e) the production of iron and/or steel and/or ferro-alloys.
(f) the installation, maintenance and repair of electrical equipment referred to in paragraph
paragraph (ba)(ii) of the definition of '‘Electrical Engineering Industry' ’ in clause 3 of Part I of the Main former Agreement published under Government Notice No. R. 404 of 31 March 1998, in the Provinces of the Cape of Good Hope and the Orange Free State;.
(dg) the assembling, servicing, installation, maintenance and/or repair of appliances, equipment, machines, devices and apparatus, whether utilising manual, photographic, mechanical, electrical, electrostatic or electronic principles, or any combination of such principles, which that are primarily intended for use in accounting and/or business and/or calculating calculation and/or office and/or educational procedures;.
(e) the Venetian Blind and Allied Products' Manufacturing Industry in the Province of the Transvaal;
(fh) the installation and/or repair of burglar and/or other similar alarm systems in the Provinces of the Cape of Good Hope and the Orange Free State;
(g) the Locksmithing Trade in the Magisterial Districts of Benoni, Boksburg, Durban, Germiston, Johannesburg, Krugersdorp, Lower Umfolozi, Pinetown, Port ▇▇▇▇▇▇▇▇▇, Pretoria, Randburg, Roodepoort, Springs and The Cape;
(h) the production, for sale, of welding electrodes by means of plant and/or equipment and/or methods specifically adapted and/or designed for production by repetitive processes, in the Magisterial Districts of Brits, Germiston, Kempton Park and Pretoria;.
(i) the installation and/or repair and/or servicing of radios and/or refrigerators and/or domestic electrical appliances in the Provinces of the Cape of Good Hope and the Orange Free State;
(j) the manufacture from tinplate of a gauge not exceeding 0,416 mm of trunks and other containers designed to hold personal effects, sporting kit, tools and documents, and other lines manufactured principally from such tinplate.
(k) the manufacture of aluminium sheet and/or foil, and interrelated operations
(l) the manufacture of plumbers’ and/or engineers’ brassware by means of gravity die- die-casting and/or pressure die-casting and/or hot pressing and/or machining.
(mj) the undertaking of Union Steel Corporation of South Africa (Pty) Limited, in the Magisterial District of Vereeniging, Transvaal.
(k) the undertaking of Billiton Aluminium S.A. (Pty) Ltd, Ltd in the magisterial Magisterial District of Lower Umfolozi.
(3l) the erecting, on site, of products referred to in the preamble to Division D/7 of Part II of the Agreement published under Government Notice R.404 of 31 March 1998 (but shall exclude the manufacture on site of palisade fencing).
(4) Notwithstanding the provisions of subclause (1), the terms of this Agreement shall apply to-to
(a) apprentices only in so far as to the extent to which they are not inconsistent with the provisions of the Manpower Training Act, 1981, or learners in accordance with the provisions of the Skills Development Act 97/1998, or any contract entered into or any conditions fixed thereunder; andManpower
(b) trainees under training in terms of section 30 of the Manpower Training Act, 1981, only in so far as they are not inconsistent with the provisions of that the Act or any conditions fixed thereunder and/or learners in accordance with thereunder.
(5) Notwithstanding the limitation of the Agreement to the operations therein scheduled—
(a) the provisions of the Skills Development Act 97/1998.clauses relating to Leave Pay, Additional Leave Pay and Leave Enhancement Pay
(4) Clauses 1(1) (b) and 2 and the Special Provisions no person directly employed in a manufacturing or production process shall be paid a wage less than Rate H as prescribed from time to time in Part II of this Agreement. For the purposes of this subclause, ‘employed in a manufacturing or production process’ shall apply to those employees whose rate of pay is not scheduled in this Agreement but whose activities are directly concerned with the creation of the engineering goods and/or services as covered by the scope of application of this Agreement. This provision shall not apply to employers and the work carried out by administrative staff and/or those employees who are not members employed in non-production operations.
(6) The conditions of employment of watchmen shall be regulated by the employer's organisations and trade unionsprovisions of this Agreement, respectivelyexcept in respect of ordinary working hours, which shall be a maximum of 44 hours per week. (scope amended substituted by Government Notice R.355 of 15 April 2005) (Scope substituted by R.368 of 4 April 2008R.1051 dated 24 December 2014)
Appears in 1 contract
Sources: Employment Agreement