| (1) |
The terms of this Agreement shall be observed by employers and employees in the Road Freight and Logistics Industry as defined hereunder, in the Republic of South Africa: |
"Road Freight and Logistics Industry" or "Industry" means the industry in which employers and their employees, as defined in Paragraph A hereunder, are associated for carrying on one or more of the following activities for hire or reward:
| (i) |
The transportation of goods by means of motor transport; |
| (ii) |
The storage of goods, including the receiving, opening, unpacking, packing, dispatching and clearing or accounting for of goods where these activities are ancillary or incidental to paragraph (i); and |
| (iii) |
The hiring out by temporary employment services of employees for activities or operations which ordinarily or naturally fall within the transportation or storage of goods as contemplated by paragraphs (i) and (ii) of this definition. |
The "transportation of goods" does not include the undertakings, industries, trades or occupations in respect of which the following bargaining councils are registered:
| (i) |
Transnet Bargaining Council; and |
| (ii) |
Motor Ferry Industry Bargaining Council of South Africa. |
For the purposes hereof—
"Paragraph A" means those employees in the Road Freight and Logistics Industry, as defined above, in the categories as mentioned hereunder:
| (a) |
Employees covered by the definition of the Industry as defined above:
|
| • |
Security guards, security officers, custodians, vehicle guards, team leaders; |
| • |
Key Marshalls (Cash in Transit); |
| • |
Cage Men (Cash in Transit); |
| • |
Artisan assistants, semi-skilled artisans, repair shop workers; |
| • |
Dispatch clerks, checkers, packers /loaders; |
| • |
Personal assistants, receptionists, clerks, administrators, data capturers, chemical cleaners; |
| • |
Junior controllers, branch administrators, driver trainers; |
| • |
Box Room Marshalls (Cash in Transit); |
| • |
Radio Controllers (Security Officer III) (Cash in Transit); |
| • |
Tactical Support Officers / Team Leaders (Security Officer II) (Cash in Transit); |
| • |
Counting House Tellers (Cash in Transit); |
| • |
Box Staff (Cash in Transit); |
| • |
Client Liaison Officers (Cash in Transit); |
| • |
Training Officers (Cash in Transit); |
| • |
General Worker: Cleaners (Cash in Transit); |
| • |
Receptionist (Cash in Transit). |
| (2) |
Notwithstanding the provisions of subclause (1), this Agreement shall apply to: |
| (a) |
Employees for whom minimum wages are prescribed in this Agreement and to the employers of such employees; |
| (b) |
other categories of employees, listed in schedule 7 who qualify for the across the board increases, as well as payments and benefits specified to the employers of such employees; and |
| (c) |
owner-drivers and their employees only insofar hours of work and limitations on hours of work and registration with the Council is concerned. |
| (3) |
Subject to clause (4), this Agreement applies to owner-drivers, and to the employees of owner-drivers. |
| (a) |
who is an employer must observe the same hours of work and limitations on hours of work that are prescribed in this Agreement for employees; |
| (b) |
who possesses only one motor vehicle and is the permanent driver of that vehicle is only required to comply with the requirements of sub-paragraph (a) of this clause and clause 45. |
| (5) |
Part 10 of this Agreement sets out provisions that apply to particular categories of employees. It— |
| (a) |
specifies categories of employees in respect of whom only particular provisions of this Agreement apply; |
| (b) |
provides provisions that apply to specific categories of employees in addition to the rest of the Agreement; |
| (c) |
modifies certain provisions of this Agreement for the purposes of specific categories of employees. |
South African Council for Educators Act, 2000
