All expressions used in this Agreement which are defined in the Labour Relations Act, No. 66 of 1995, shall have the same meaning as in that Act; and unless the contrary intention appears, words implying the masculine gender shall include females, and those signifying the singular shall include the plural and vice versa; furthermore unless inconsistent with the context—

"Act"

means the Labour Relations Act, No 66 of 1995;

"blindhanger"

means an employee who supervises the operation of putting up blinds or awnings and who is engaged in cutting to design or pattern, marking out designs for, and/or drawing plans for, and/or estimating costs of, and/or measuring and/or erecting blinds and/or awnings and who may fix the frames of such blinds and/or awnings;

"Council"

means the Bargaining Council for the Canvas Goods Industry (Gauteng);

"chopper-out-unqualified"

means an employee who cuts out material according to template or marks by hand or machine;

"chopper-out-qualified"

means a chopper-out who has not less than one and a half years' experience;

"cutter"

means an employee, other than a blind-hanger, who marks out material other than by means of template, according to measurement or specifications supplied to or made by him and who may cut such material and supervise choppers-out and/or labourers;

"cutter-qualified"

means a cutter who has had not less than two and half years' experience;

"cutter-learner"

means a cutter who has had less than two and a half years' experience;

"daily wage"

means the weekly wage divided by the number of hours ordinarily worked per week and multiplied by the number of hours ordinarily worked per day in an establishment;

"driver (staff)"

means an employee who drives a passenger vehicle for the convenience of staff, management and workmen exclusively, excluding the conveyance of any materials and equipment of any establishment;

"driver (deliveries)"

means an employee who drives a motor vehicle for the conveyance, delivery and/or distribution of goods and/or manufactured articles and/or raw materials of any establishment, and for the purposes of this definition the expression "driving a motor vehicle" includes all periods of driving and any time spent by the driver on work connected with the motor vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;

"emergency work"

means work which 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, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration, and any other person who in any manner assists in the carrying on or conducting the business of an employer. An employee (including a part-time or casual employee) who is employed for longer than three months shall be deemed to be permanent and will be entitled to the same benefits as are enjoyed by full-time employees;

"establishment"

means any place in which any operations in connection with the Industry are carried on and includes any premises where a person is employed in any of the classes of work specified in this agreement;

"experience"

means the total period(s) of employment, which an employee has had in the Industry;

"foreman"

means an employee with not less than five years' experience in the Industry who is in charge of the employees in an establishment and who exercises control over such employees and is responsible for the efficient performance by them of their duties and who may perform any other duties or operations;

"general assistant"

means an employee who—

"general assistant qualified"

means an employee engaged or occupied with any or all of the occupations of a general assistant and who has had not less than two and half years' experience in any or all such occupations;

"general assistant unqualified"

means an employee engaged or occupied on any or all the occupations of a general assistant and who has had less than two and a half years' experience in any or all such occupations;

"general worker" and/or "labourer"

means an employee wholly or mainly in one or more of the following duties or capacities:

"handyman"

means an employee who is employed to make minor repairs to machinery or equipment and for the purpose of maintenance to buildings;

"mechanic"

means an employee who has served his apprenticeship in a trade designated or deemed to be designated under the Apprenticeship Act, 1944, or holds a certificate of proficiency issued to him by the registrar of Apprenticeship in terms of section 6 of the training of Artisans Act, 1951, or a certificate issued to him by the said registrar in terms of either section 2(7) or section 7(3) of the said Act or an employee who has been issued with an appropriate certificate after completing a learnership in terms of the current legislation;

"machinist"

means an employee engaged in operating a hand or power driven sewing machine;

"machinist (heavy machines)"

means any machinist, regardless of experience, engaged in operating any sewing machine of the "seven hyphen" class or any sewing machine intended for work equivalent to or heavier than normally performed on a sewing machine of the "seven hyphen" class;

"machinist qualified (other machines)"

means a machinist engaged in operating any sewing machine other than described in the definition of "machinist (heavy machine)" who has had not less than one years' experience;

"machinist unqualified (other machines)"

means a machinist engaged in operating any sewing machine other than those described in the definition of "machinist (heavy machines)" who has had less than one years' experience;

"night watchman"

means an employee who is engaged in guarding property during the night, the major part of whose work falls during the hours of 17h00 and 07h00 or during Sundays or Public holidays;

"overtime"

means the time that an employee works during a day or a week in excess of ordinary hours of work;

"Public holiday"

means any day that is a holiday in terms of the Public Holiday's Act, 1994 (Act No. 36 of 1994) or any day declared as such in terms of a Proclamation;

"registered employers' organisation"

means an employer's organisation registered under Section 96 of the Labour Relations Act, 1995;

"registered trade unions"

means a trade union registered under Section 96 of the Labour Relations Act, 1995;

"Secretary of the Council"

means the general secretary of the council or anyone appointed to act in his place;

"SACTWU"

means the Southern African Clothing and Textile Workers Union;

"un-laden mass"

means the mass of any motor vehicle or trailer as recorded in a licence or certificate issued in respect of such motor vehicle or trailer by any authority empowered by law to issue licences in respect of motor vehicles;

"wage" or "ordinary wage"

means the amount of money payable to an employee in terms of rates payable as stipulated in this agreement in respect of his ordinary weekly hours of work prescribed in clause 4, and if an employer regularly pays an employee in respect of such ordinary hours of work an amount higher than that prescribed in this agreement, it means such higher amount;

"welding machine operator"

means an employee engaged in operating an electronic high frequency welding machine used in joining coated fabrics. In classifying an employee for the purpose of determining his main occupation in terms of this Agreement he shall be deemed to be in that class in which he is wholly or mainly engaged.