Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Meat Trade, GautengMain Collective Agreement to Non-Parties2. Definitions |
Any expressions used in this Agreement, which are defined in the Labour Relations Act, 1995, as amended, shall have the same meaning as in the Act. Any reference to an Act shall include any amendments thereto, and unless the contrary intention appears, words importing the masculine gender shall include females, and the singular shall include the plural; unless inconsistent with the context—
"the Act"
means the Labour Relations Act, 1995; as amended
"admin/office assistant"
means an employee engaged in any or all of the following functions:—
(a) | to keep books and accounts and records of the establishment, and who is in charge of such books and records up to trial balance or beyond; and/or |
(b) | receives cash for goods purchased; and/or |
(c) | books orders of customers; and/or |
(d) | assists with general office administration functions; |
"cashier"
means an employee in an establishment whose duties are confined to receiving payment for goods purchased;
"Council"
means the Bargaining Council for the Meat Trade, registered in terms of section 29(15)(a) of the Act;
"Councils address"
means Private Bag X3060, Randburg, 2125;
"establishment"
means any premises used for the conduct of the Trade, as defined, and shall include such portion of any premises of a multiple commodity store from which the Trade, as defined, is carried on;
"butchery assistant"
means an employee who, under the supervision of a meat cutting technician or an employer who is actually engaged in the work of a meat cutting technician—
(a) | breaks up quarters of beef and carcasses of mutton, lamb, pork, goats and veal into primal cuts only; |
(b) | may perform the duties of a shop assistant; |
(c) | may serve customers; but may not cut meat to customers' requirements and/or desired masses |
(d) | may work on a bandsaw for the purpose of cutting up primal cuts, bones, frozen blocks of meat and poultry, provided that he/she has obtained an exemption from the Bargaining Council for Meat Trade Gauteng; |
"shop assistant"
means an employee engaged exclusively on one or more of the following duties or operations—
(a) | cleaning; |
(b) | loading and unloading goods, carcasses, meat or poultry into or from vehicles; |
(c) | collecting orders and money from customers beyond the establishment; |
(d) | deboning |
(e) | mincing meat and cutting up meat for the purpose of making sausages and boerewors; |
(f) | making tea and/or similar beverages for refreshment; |
(g) | packs and wraps meat; and |
(h) | any other general duties not specified in this agreement relating to the Meat Trade; |
"manager"
means an employee who has qualified as a master meat cutting technician, grade IA, who exercises control over employees in an establishment of an employer and who is responsible to such employer for the efficient operation of such establishment and who may, in addition, perform any work in any such establishment;
"master meat cutting technician, grade IA"
means an employee who—
(a) | cuts up meat; |
(b) | may convert meat carcasses or parts of carcasses into various portions for sale or separate pre-wrapping prior to the sale of such pre-wrapped portions; |
(c) | may serve customers; |
(d) | may undertake any other work in an establishment; |
(e) | may supervise the work of other employees; and |
(f) | who is in possession of a Certificate in Meat Cutting issued by the Bargaining Council for Meat Trade indicating that he/she has qualified as a master meat cutting technician, grade 1A in a trade test performed by an examiner approved by the Council; |
"maternity leave"
means the period for which an employee is required to cease work owing to her confinement, such period commencing four weeks prior to and ending 12 weeks after the expected date of delivery;
"meat cutting technician, grade IB"
means and employee who—
(a) | cuts up meat; |
(b) | may convert meat carcasses or parts of carcasses into various portions for sale or separate pre-wrapping prior to the sale of such pre-wrapped portions; |
(c) | may serve customers; |
(d) | may undertake any other work in an establishment; |
(e) | may supervise the work of other employees; and |
(f) | who is in possession of a Certificate in Meat Cutting issued by the Bargaining Council for Meat Trade indicating that he/she has qualified as a meat cutting technician, grade 1B in a trade test performed by an examiner approved by the Council; |
"meat cutting technician, grade II"
means an employee who, under the direction and control of a master meat cutting technician, grade IA or meat cutting technician, grade IB—
(a) | cuts up meat; |
(b) | may convert meat carcasses or parts of carcasses into various portions for sale or separate pre-wrapping prior to the sale of such pre-wrapped portions; |
(c) | may serve customers; |
(d) | may undertake any other work in an establishment; |
"driver"
means an employee engaged in driving; and may perform the duties of a butchery /shop assistant for the time that he/she is not engaged in driving;
"owner"
means a person or company who owns and/or operates an establishment in the Trade and such person or company shall be deemed to be an employer for the purposes of this Agreement; and shall include Labour Brokers and Temporary Employment Services;
"public holiday"
means any day that is a holiday in terms of the Public Holidays Act, 1994, (Act No. 36 of 1994) or any day declared as such in terms of a proclamation;
"secretary"
means the secretary of the Bargaining Council for the Meat Trade;
"security officer"
means an employee who—
(a) | guards the premises and goods of and/or in an establishment in the Trade for safety and against theft; and who |
(b) | may search an employee or other person or the belongings of such employee or other person; |
"area manager"
means an employee who—
(a) | has qualified as a master meat cutting technician, grade IA; |
(b) | supervises the work of other employees in a number of establishments of an employer; |
(c) | is responsible to such employer for the efficient operation of such establishments; and |
(d) | may perform any other work in any such establishments; |
"Trade"
means the trade in which employers and/or their employees are associated with the retail sale of fresh and/or frozen raw meat, including all operations incidental thereto;
"wage or wages"
means the amount of money payable to an employee in terms of clause 3 in respect of his ordinary hours of work as prescribed in clause 6 : Provided that, if an employer regularly pays an employee an amount higher that that prescribed in clause 3 in respect of such ordinary hours of work, it means such higher amount;