Labour Relations Act, 1995 (Act No. 66 of 1995) Notices National Bargaining Council for the Private Security Sector Main Collective Agreement 3. Definitions

 

For the purposes of this agreement, unless the context otherwise indicates, any expression used in this Main Collective Agreement which is defined in the Labour Relations Act 66 of 1995 as amended, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment 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 66 of 1995, as amended from time to time

 

"actuary"

means the actuary to the Fund appointed by the Board in terms of the rules

 

"administrator"

means an approved administrator of the fund in terms of section 13(b) of the Pension Fund Act, as amended from time to time and who has been appointed by the trustees of the fund in terms of the Pension Funds Act and the fund rules to administer the fund.

 

"area"

includes any number of areas, whether or not closest.

 

"armed response duty"

means the duty whereby a security officer, in the case of an emergency or alarm activation, may respond to a call from a client of a private security company, normally at the premises or property of the client.

 

"armed response officer"

means a security officer who is remunerated at a minimum rate as for a Grade C officer to conduct armed response duties, which shall include the driving of a motor vehicle in the performance of armed response duties.

 

"armed security officer"

means a security officer who is remunerated at a minimum rate as for a Grade D security officer and who is required to utilise and is provided with a firearm in the course of his duties.

 

"artisan"

means an employee who has completed or is deemed to have completed a contract of apprenticeship in a trade designated or deemed to have been designated in terms of the Manpower Training Act, 1981, or who holds a certificate issued or deemed to have been issued to the employee by the Registrar of Manpower Training and conferring Artisan status on the employee in terms of that Act, and any other employee engaged in work normally performed by an Artisan except where specifically otherwise provided in this agreement.

 

"BCEA"

means a provision of the Basic Conditions of Employment Act, No 75 of 1997.

 

"benefits"

shall mean the death, disability and funeral benefits provided to members of the fund in terms of the fund rules.

 

"board"

means the board of trustees of the fund elected in accordance with its rules and the Pension Fund Act.

 

"car guard"

means an employee who guards vehicles.

 

"casual employee"

means an employee without a fixed contract of employment who works not more than 24 hours in any week.

 

"child"

means a person who is under 18 years of age.

 

"clerical assistant"

means an employee who is engaged in anyone or more of the following duties:

 

"clerk"

means an employee who is engaged in writing, typing or filing or in any other form of clerical work and includes a cashier, store man and a telephone switch-board operator, and who may make up money into specified amounts and place such money in envelopes or other containers, but does not include any other class of employee elsewhere defined in this clause, notwithstanding the fact that clerical work may form part of such employee's work.

 

"contribution"

means the combined amount of the employer and employee contribution to the Private Security Sector Provident Fund, as per clause 30(2), payable monthly to the fund by each employer in the sector in respect of each of his or her employees whose conditions of employment are governed by the Bargaining Council Main Collective Agreement.

 

"controller ("stock")"

means an employee who controls or checks the issuing or receiving of uniforms, overalls, protective clothing, batons, handcuffs, flashlights, firearms, ammunition or other equipment and who may keep the necessary records.

 

"Control Centre Operator" and "Communication Centre Operator"

means a security officer who is utilised in an administrative capacity in a control centre or communication centre and who may be called upon to perform any or all of the duties of a clerk.

 

"day"

means a period of 24 consecutive hours reckoned from the time such employee usually commences work and daily has a corresponding meaning.

 

"driver"

means an employee, other than a Security officer, grade A, B or C, who drives a motor vehicle, and for the purposes of this definition the expression "drives a motor vehicle" includes all periods during which an employee drives, all time spent on work connected with the vehicle or the load, and all periods during which the employee is obliged to remain at the post in readiness to drive.

 

"emergency work"

means work that is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work.

 

"employee"

means any person who works for another person or who in any manner assists in carrying on or conducting the business of an employer; and who receives, or is entitled to receive, any remuneration; and "employed" and "employment" have a corresponding meaning, and which also includes those persons who qualify to be deemed as employees in terms of this agreement and who do not fall under the jurisdiction of any other agreement or bargaining council agreement.

 

"employer"

means any person (including created entities, corporate or un-incorporated) other than a person who is exempted in terms of sub clause 1(3) and of any other agreement or bargaining council agreement, who employs or provides work for any person in the Private Security Sector and remunerates him or permits any person in any manner whatsoever to assist him in the carrying on or conducting of his business and "employ" and "employment" shall have corresponding meanings.

 

"establishment"

means the premises from which an employer conducts his business.

 

"experience"

means, in relation to—

 

"fund"

means the Private Security Sector Provident Fund ("PSSPF"), established in terms of Government Notice 306 of 13 March 2001, which is governed by the fund rules and the Pension Fund Act.

 

"general worker"

means an employee who is inter alia engaged in anyone or more of the following duties:

 

"goods"

means any movable property, including but not limited to, money and other valuables belonging to or in the custody of the employer, that has to be guarded, protected or transported under guard.

 

"gross vehicle mas

in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority.

 

"handyman"

means an employee, other than an apprentice or a trainee, who is engaged in making minor repairs or adjustments to machinery or equipment, and who may also effect minor repairs or renovations to buildings, but who does not do any work normally performed by an Artisan.

 

"heavy motor vehicle"

means a motor vehicle the gross vehicle mass of which exceeds 9,000 kg.

 

"hourly wage"

means an employee's hourly equivalent wage, as calculated in terms of the formula set out in clause 4(7)(b).

 

"law"

includes the common law.

 

"light motor vehicle"

means a motor vehicle the gross vehicle mass of which does not exceed 3,500 kg.

 

"local authority"

means any borough council, city council, municipal council, village management board, divisional councilor any similar institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961, or in any other parliamentary legislation.

 

"manager"

means an employee who is charged by an employer with the overall supervision over, responsibility for and direction of the activities of an establishment or part of an establishment and the employees engaged therein, but does not include any employee in the same establishment who relieves or acts for a manager during the manager's absence.

 

"medical practitioner"

means a person entitled to practice as a medical practitioner in terms of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 50 of 1974) as amended.

 

"member"

means an employee who, having been admitted to membership of the fund in accordance with the rules of the fund, has not ceased to be a member of the fund in terms of the rules.

 

"midwife"

means a person registered or enrolled to practice as a midwife in terms of the Nursing Act, 1978 (Act No. 50 of 1978) as amended.

 

"medium motor vehicle"

means a motor vehicle the gross vehicle mass of which exceeds 3,500 kg but not 9,000 kg.

 

"mobile supervisor"

means a security officer who is required to drive a motor vehicle between sites in the course of supervising, inspecting or controlling security officers.

 

"motor vehicle"

means a self-propelled vehicle used for the transportation of goods, persons or dogs, and includes a motorcycle and a motorised three-wheeler.

 

"night work"

means work which is performed between the hours of 18:00 on one day and 06:00 the next day.

 

"ordinary hours of work"

means the hours of work prescribed in clause 6 but if by agreement between an employer and employee the latter works a lesser number of ordinary hours, it means such shorter hours, and excludes any hours paid at a premium for work performed on a Sunday, public holiday or in respect of overtime.

 

"ordinary salary"

means the employee's salary in respect of ordinary hours worked, excluding any premium amount paid for work on a Sunday, public holiday or in respect of overtime payable to an employee, or any allowances; and "monthly salary" shall have the same meaning.

 

"overtime"

means that portion of any period worked by an employee in any week or on any day which is longer than the maximum permissible weekly or daily ordinary hours of work, as the case may be, or in the case of averaging, the maximum average permissible hours of work over the period of the averaging.

 

"Pension Fund Act"

means the Pension Fund Act No. 24 of 1956, as amended.

 

"PSSPF commencement date"

means 1 November 2002;

 

"PSSPF rules"

means the rules of the fund as amended by the trustees of the fund from time to time and registered with the registrar of pension funds in terms of the Pension Fund Act.

 

"PSSPF salary"

means the salary used for the calculation of employer and employee contributions to the fund and is calculated as follows:

A X B X 4.333 where:

A = employee's ordinary hourly equivalent rate of pay, calculated in terms of clause 4.7 and

B = the maximum number of ordinary hours an employee is permitted to work at the ordinary rate of pay as per Bargaining Main Collective Agreement, or such lesser hours as may be agreed in writing between the employer and the employee or any reduced maximum ordinary hours an employee may work that may be legislated in terms of the Bargaining Council Main Collective Agreement or the Basic Conditions of Employment At, whichever is applicable.

 

"premises"

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

 

"Private Security Sector"

means the sector in which employers and employees are associated for the purpose of guarding or protecting fixed property, premises, goods, persons or employees, including monitoring and responding to alarms at premises which are guarded by persons or by electronic means but excludes the assets-in-transit to the extent that it falls under the registered scope of the National Bargaining Council for the Road Freight and Logistics Industry.

 

"public holiday"

means any day that is a public holidays in terms of the Public Holidays Act, 1994 (Act number 36 of 1994).

 

"qualified",

in relation to an employee referred to in clause 3 in this agreement, means that the experience of an employee in the employee's class entitles the employee to the highest salary rate prescribed for that class of employee, and conversely, "unqualified" means that experience in the employee's class does not entitle the employee to such highest salary rate.

 

"remuneration"

means any payment in money or kind, or both in money and kind, made or owing to any person in return for that person working for any other person, including the State, and "remunerate" has a corresponding meaning.

 

"Retirement Fund Act"

means the Pension Fund Act, 1956 (Act No. 24 of 1956) as amended from time to time and the regulations thereunder.

 

"rules"

means the rules of the fund agreed by the board in accordance with the Retirement Fund Act.

 

"salary"

means the amount of money paid or payable to an employee in respect of work performed; and have corresponding meaning "wages".

 

"security officer"

means a Security officer, grade A, B, C, D or E, including those performing Armed Response and National Key Point duties.

 

"security officer, grade A"

means an employee who performs anyone or more of the following duties:

 

"security officer, grade B"

means an employee who performs anyone or more of the following duties, namely, supervising, controlling, instructing or training security officers, grade C, D or E or general workers and reporting thereon to an employer or any other specified person, and who may—

 

"security officer, grade C"

means an employee who performs anyone or more of the following duties—

 

"security officer, grade D"

means an employee who performs anyone or more of the following duties—

 

"security officer, grade E"

means an employee, other than a Security officer, grade D, who performs anyone or more of the following duties—

 

"spare and reliever"

means an employee—

 

"short time"

means a temporary reduction in the number of ordinary hours of work owing to a slackness of business in the trade, a breakdown of plant, machinery or equipment, or a breakdown or threatened breakdown of buildings.

 

"storeperson"

means an employee, other than a controller (stock), who is in charge of incoming stock and who is responsible for receiving, storing, packing or unpacking stock in or for issuing stock from a store, warehouse or open stockyard.

 

"Sunday work"

means any work performed where the relevant shift commences on a Sunday and where at least half of that shift is ordinarily performed on that Sunday.

 

"trustee" or "trustees"

means a trustee or the trustees or their alternates elected or appointed in term of the fund rules.

 

"week"

in relation to an employee, means the period of seven days within which the working week of that employee ordinarily falls.