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

Notices

Motor Industry Bargaining Council (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 9 : General

9.5 Supply of Tools

Purchase

(1)	Where any of the following articles are required in an establishment registered under Chapters I, II or IV of Division C of this Agreement, an employer shall provide them free of charge:

•	Electrical and/or pneumatic drilling machines;

•	benches and vices;

•	jacks and trestles;

•	emery wheels;

•	blocks and tackles or cranes;

•	guns or other greasing apparatus;

•	extension lights with a maximum of one globe per month;

•	waste or sweat rags;

•	means for cleaning greasy parts;

•	hacksaw blades;

•	mm files and over;

•	one mechanic’s cradle in respect of each journeyman motor mechanic employed in the employer's workshop;

•	trimmers sewing machines;

•	stud extractors;

•	drills of over 9,525 mm;

•	reamers of all sizes;

•	screwing tackles;

•	stocks and dies and taps;

•	blow lamps;

•	special spanners;

•	of 1 361 g and over;

•	wrenches over 305mm;

•	wringing irons;

•	soldering irons;

•	rivet sets;

•	seat cutters;

•	grinding compounds;

•	micrometers;

•	hydrometers and electrical testing and fault-finding apparatus;

•	blacksmith's tools;

•	other such tools as are customarily supplied by employers.

(2)	In the event of any employee who is engaged in repetition work requiring large numbers of drills or files or similar breakable tools, these shall be provided by the employer.

(3)	An employer may require each of his journeymen to supply his own tools for own use in the course of his work.

(4)

In respect of an establishment registered under Chapter I of Division C of this Agreement, an employer shall provide each repair shop assistant and body shop assistant in his employ and all employees, other than journeymen, with the tools they require for the adequate performance of their duties, and such tools shall remain the property of the employer.

(5)

An apprentice who uses his own tools in the course of his employment shall be paid R30,00 per week with a maximum of R4500 equal to a three year trade in addition to his normal remuneration, except in the case of an apprentice spraypainter, who shall be paid 75c per week in addition to his normal remuneration.

(6)

Every employer shall insure the required tools as per the prescribed tool list according to its replacement value. The maximum amount of insurance shall be determined after a proper inventory of tools in his possession has been submitted by the employee to the employer. The maximum amount of actual insurance shall be reviewed from time to time, as and when the inventory of tools changes.

(7)	Any loss through fire or theft of the nature referred to in subclause (6) in excess of the replacement value shall be borne by the employee concerned.

(8)	In the event of any of the tools provided by a journeyman or apprentice being lost, missing or not available for any reason, other than those referred to in subclause (6), the journeyman or apprentice concerned shall replace, renew or recondition such tools at his own expense.

(9)	If any apprentice fails to replace, renew or recondition such tools, his employer shall have the right to discontinue payment of the tool allowance provided for in subclause (5) until such time as the apprentice concerned complies with the provisions of subclause (8).

(10)	In every establishment in which apprentices are employed, the employer shall cause to be displayed, in a place readily accessible to his employees, a copy of the tool list approved by the Council.

(11)	Any apprentice who works less than 23 hours in any one week shall not be entitled to any tool allowance in respect of that week.

(12)

The tool allowance referred to in this clause shall be paid at the same time as the apprentice's wages are paid, and no employer shall require or permit any apprentice to repay him the whole or part of any tool allowance, nor shall he do any act or cause or permit any act to be done as a direct or indirect result of which any apprentice is deprived of the benefit or any part of the benefit of such allowance, save as provided in subclauses (9) and (11).

(13)	The tools referred to in subclauses (3), (5), (6), (8) and (10) of this clause, are the tools listed for the category of employee concerned in Annexure C to this Agreement.