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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division C

Chapter IV : Automotive Engineering Establishments

Clause 3 : Employees

Purchase

(1)

Subject to the provisions of sub-clause (2) of this clause, an automotive engineering establishment which is registered with the Council in terms of clause 1 of this Chapter may employ, in addition to apprentices and trainees in terms of clause 2.1(2) of Division A of this Agreement, and the classes of employees referred to in clause 3 of Division B and clause 3 of Chapter I of Division C of this Agreement, any of the classes of employees referred to in clause 4 of this Chapter under the terms and conditions laid down in this Chapter:

Provided that where the provisions of Division A or B or Chapter I of Division C and the provisions of this Chapter are in conflict, the provisions of this Chapter shall obtain and have preference.

[NOTE: For special provisions relating to the ratio refer to Clause 5 of Division D of this Agreement.]

(2)	Notwithstanding anything to the contrary in this Agreement, the provisions of Chapter I of Division C relating to body shop assistants, B/A journeymen and repair shop assistants shall not apply to automotive engineering establishments registered as such by the Council.

(3)	An employer shall not employ a diesel pump room assistant unless he has at least one journeyman actively engaged in the pump room, and the number of diesel pump room assistants in his employ shall at no time exceed the number of journeymen actively engaged in his pump room by more than one.

(4)

(a)	Subject to the proviso set out hereunder, an employer shall not engage an operative, grade A, operative, grade B, or operative, grade C unless he employs at least one journeyman.

(b)	At no time shall the total number of operatives, grade A, operatives, grade B, or operatives, grade C, employed at an establishment exceed the aggregate number of journeymen employed at that establishment by more than one.

[Note - Applications for exemption from the provisions of this sub-clause must be directed to the National Council, i.e. not to Regional Councils as in the case of other exemptions.]

(5)	An employer shall not employ an operative engine assembler unless he has at least one journeyman actively engaged in his workshop.

(6)	Where an employer carries on business in more than one establishment in the Motor Industry, the provisions of this clause shall be observed in relation to each single establishment on its own.