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

Notices

National Bargaining Council for the Private Security Sector

Extension to Non-parties of the Main Collective Agreement

3. Definitions

 

For the purpose 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 C 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.

 

"canine/dog handler"

means a security officer that is accredited and trained in accordance with the with the minimum standards in terms of the Government Gazette No. 19067 Notice 120, and Government Gazette 19740, Notice 15 and is required to have a dog escorted by the security officer on a specific shift.

 

"car guard/trolley guard"

means an employee who guards vehicles and/or trolleys.

 

"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:

(a) adding or subtracting, including making use of a machine;
(b) checking attendance registers or entering particulars in connection with employees who are absent or present or the time spent by employees on different tasks at establishments or places of employment;
(c) filing documents according to written instructions or a list, in any order;
(d) interpreting or translating languages;
(e) issuing passes or preparing certificates of service;
(f) issuing time cards;
(g) preparing time cards;
(h) recording particulars of annual or sick leave;
(i) recording particulars in registers otherwise than by means of a typewriter or computer;
(j) recording the engagement, dismissal or resignation of employees, including any necessary entries in an employee's file or documents; and
(k) transferring names and addresses from compiled documents to envelopes, labels or circulars otherwise than by means of a typewriter or computer.

 

"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 switchboard 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—

(a) a clerk, the total period or periods of employment which an employee has had as a clerk in any trade or industry or in the service of a local authority or the state; and
(b) a clerical-assistant, the total period or periods of employment which an employee has had as a clerical assistant in any trade or industry or in the service of a local authority or the State.

 

"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:

(a) affixing postage stamps to letters, parcels or other articles;
(b) affixing rubber stamps or serial numbers where discretion is not required;
(c) assisting an artisan by holding articles or tools or working with the artisan without making independent use of any tools;
(d) assisting on vehicles, otherwise than driving, guarding or repairing such vehicles, carrying, lifting, storing, moving, loading, unloading, opening or closing goods or parcels;
(e) cleaning or washing premises, doors, windows, equipment, tools, plant, machinery, furniture, vehicles, containers or other articles and including the polishing of floors, furniture or vehicles or the brushing of mats or the cleaning of mats by means of a machine;
(f) cooking rations or making tea or similar beverages for employees, including serving them, or making tea or other refreshments for the employer or the employer's guests, including the serving thereof;
(g) delivering or conveying messages, letters, goods or parcels on foot, or by any means excluding motor vehicles;
(h) feeding or tending animals;
(i) filling fuel tanks or filling or draining of oils sumps;
(j) gardening;
(k) oiling or greasing vehicles, plant or machinery;
(I) opening or closing doors or windows;
(m) pushing or pulling vehicles otherwise than by means of mechanical equipment;
(n) removing refuse or ashes;
(o) removing, replacing, changing wheels, tyres or tubes, or repairing or pumping tyres or tubes;
(p) removing, topping up or replacing batteries;
(q) replacing towels, soap or toilet paper;
(r) stamping or stenciling containers or parcels where discretion is not required;
(s) washing or ironing overalls, uniforms or protective clothing; and
(t) whitewashing, cleaning or disinfecting kennels, stables, outbuildings or toilets.

 

"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.

 

"health insurance"

means a type of insurance coverage that pays for health and medical expenses in accordance with the preferred supplier appointed by the NBCPSS terms and conditions, specific insurance plan and regulations.

 

"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).

 

"In-House Security officer"

means a natural person:

(a) who  is employed by another person, business or entity not defined as security provider or a security service provider or including an organ of State, and who receives or is entitled to receive from such other person any remuneration, reward, fee or benefit, for rendering one or more security services; or
(b) who assists in carrying on or conducting the affairs of another security service provider, and who receives or is entitled to receive from such other security service provider, any remuneration, reward, fee or benefit, as regards one or more security services; or
(c) who or whose services are directly or indirectly made available by another security service provider to any other person, and who receives or is entitled to receive from any other person any remuneration, reward, fee or benefit for rendering one or more security services;

 

"law"

includes the common law.

 

"learner"

for the purposes of this agreement, means a natural person that was not in the employment of the employer party to the learnership agreement concerned when the agreement was concluded (unemployed learner) and who has entered into a written agreement with a security service provider who has registered a learnership with the relevant SETA and the learnership programme is accredited by the SETA which registration shall precede the commencement of the learnership and such learnership requires that the learner perform the functions and/or obtain workplace experience in performing the function of a security officer as defined.

 

"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.

 

"National Key-Point"

means key-points as defined in the National Key Point Act 102 of 1980 and/or National Key Points Act and Strategic Installations Bill.

 

"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 7 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(5) 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.

 

"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 "wages" has a corresponding meaning.

 

"screening officer"

means every officer or guard at an airport or any other place who screen and search passengers or their luggage at a security checkpoint by means of electronic equipment.

 

"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:

(a) advising or reporting on any matter affecting guarding or protection services;
(b) assisting in the screening of candidates for employment;
(c) assuming responsibility for staff training;
(d) drawing money or cheques or taking possession of negotiable documents;
(e) drawing money at banks or similar institutions;
(f) guarding or protecting goods;
(g) supervising subordinate staff;
(h) who may drive a motor vehicle in the performance of any or all of the employee's duties; and
(i) who may be called upon to perform any or all of the duties of a security officer, grade B.

 

"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—

(a) drive a motor vehicle in the performance of any or all of the employee's duties; and
(b) be called upon to perform any or all of the duties of a security officer, grade C.

 

"security officer, grade C"

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

(a) supervising or controlling Security officers, grade D or E;
(b) driving a motor vehicle in the course of supervising or controlling Security officers grade D or E;
(c) driving a motor vehicle for the purpose of transporting Security officers;
(d) armed response; and
(e) who may be called upon to perform any or all of the duties of a security officer, grade D.

 

"security officer, grade D"

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

(a) controlling or reporting on the movement of persons or vehicles through checkpoints or gates;
(b) searching persons and, if necessary, restraining them;
(c) supervising or controlling Security officers, grade E;
(d) searching goods or vehicles; and
(e) who may be required to perform any or all of the duties of a security officer, grade E.

 

"security officer, grade E"

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

(a) guarding, protecting or patrolling premises or goods;
(b) handling or controlling dogs in the performance of any or all of the duties referred to as a security officer

 

"spare and reliever"

means an employee—

(a) Who reports for duty at a specified place and time; and
(b) Who must remain at the specified place for the duration of that shift, or who is required to replace any other employee who may be on scheduled time-off, annual leave or absent from duty, or who is required to perform duties at any place designated by the employer.

 

"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.