Any expressions used in this Agreement that are defined in the Labour Relations Act, 1995, shall have the same meaning as in the Act, and any reference to an Act shall include any amendments to such Act ; further, unless inconsistent with the context—

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995) as amended;

"administrative staff"

means administrative and office employees not directly involved in the manufacturing or processing operations;

"ancillary items"

means supplementary, supporting or additional to;

"assembler"

means a person that assembles furniture either in whole or in part;

"BCEA"

means the Basic Conditions of Employment Act.

"caretaker" or "watchman"

means an employee who is engaged in guarding premises or other property and /or goods;

"casual"

means an employee engaged for periods of less than 30 hours in any one week, for the purpose of loading and unloading vehicles, stacking timber and cleaning premises only - Wage R75.00 per day ; In the event that the NMW is applicable, an employee employed under this provision shall be paid R20.00 per hour worked.

"casual driver"

means a driver of a motor vehicle who is employed by the same employer on not more than two days in any one week;

"chargehand"

means a weekly paid employee who is in charge of the employees in a section or department of an establishment in which he is productively employed, who exercises control over such employees and who is responsible to management, under the general supervision of management, for the efficient performance by such employees of their duties;

"commencement"

means the date that an employer commenced business within the Industry;

"Council"

means the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal, registered or deemed to have been registered in terms of section 29 of the Act;

"CPI"

means the Consumer Price Index.

"despatch clerk"

means an employee who is responsible for receiving goods from a store or from departments for despatch, and who may supervise the packing and /or assembling of such goods, the checking of packages and the mass measuring or addressing thereof;

"driver"

means an employee who is engaged in driving a motor vehicle, which shall include other duties in relation to the vehicle, its load and relevant documentation.

"emergency services"

means any work, which owing to causes such as fire, storm, accident, act of violence or theft, must be done without delay and any work necessary for the transportation of machinery to prevent any serious dislocation in any trade or transportation for the purpose of national defence or police services;

"establishment"

means any premises where the Furniture Manufacturing Industry is carried on and includes any premises where a person is employed in any of the classes of wórk specified in this Agreement;

"foreman" and /or "manager" and /or "sub- manager" and /or "supervisory person"

means and employee who is employed in a supervisory capacity and who, in the execution of his duties, which shall be related directly to the Furniture Manufacturing Industry—

but excludes employees who are engaged in costing, designing, buying, planning, organising and/or controlling the duties of foremen and / or supervisors Provided that in the absence of a foreman and /or supervisor, the employee referred to above shall be regarded to be the foreman or supervisor;

"hourly rate"

means, in the case of an employee other than a casual employee, his actual weekly wage, divided by 44 or such lesser number of hours ordinarily worked by the establishment;

"hours of work - drivers"

includes all periods of driving and any time spent by the driver on other 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 work when required;

"learner"

means an employee serving under a written contract of learnership entered into under the provisions of the Skills Development Act, 1998 (Act No. 97 of 1998);

"machine feeder"

means a person that feeds materials into a pre-set machine repetitively, which includes all kinds of presses;

"new employee"

means an employee who has never worked in the Furniture Industry before. Any employee who commences employment with a new furniture manufacturing Employer within a period of 3 (three) years after his/her termination from a previous furniture manufacturing Employer will not be regarded as a new employee and his/her service in the previous employer will be recognized.

[Definition inserted by section 3(1) of Notice No. 601, GG45328 dated 15 October 2021]

"motor vehicle"

means a conveyance used for the transportation of goods and which is propelled by other than human or animal power;

"normal retirement age"

means the age of 60 years.

[Definition substituted by section 3(2) of Notice No. 601, GG45328 dated 15 October 2021]

"NMW"

means the National Minimum Wage.

"office employee"

means an employee employed on clerical work;

"packer"

means an employee, who is engaged in packing goods for transport or delivery;

"payload"

means the net carrying capacity of the net load that a vehicle may carry or haul in terms of any motor carrier certificate or certificate of exemption issued in respect of such vehicle by any authority empowered by law to issue licences or certificates in respect of such vehicle;

"piece work"

means any system according to which an employee's wage is based solely on quantity or output of work done;

"registered medical practitioner"

means medical practitioners and dentists registered with the Health Professions Council of South Africa which shall include an intern in medicine and dental, a medical and dental practitioner in the Public Service or private practice, family physicians in an independent practice or against the name of the practitioner, specialists in medical or dental.

"remuneration"

means any payment in money made or owing to any person and which arises in any manner whatsoever out of employment;

"sandpaperer"

means a person who sandpapers by hand or with a block;

"SETA"

means Sector Education and Training Authority.

"short time"

means a reduction in the number of ordinary working hours in an establishment owing to slackness of trade, shortage of raw materials or general breakdown of plant or machinery caused by accident or other unforeseen emergency;

"storeman"

means an employee who is in charge of stores, materials or finished products and who is responsible for receiving, checking, unpacking and storing goods and the maintenance of records concerning same;

"trailer"

means any conveyance attached to and drawn by a vehicle, but does not include the first conveyance attached to and drawn by a tractor or a vehicle known as a mechanical horse;

"valid medical certificate"

means a certificate endorsed by a registered medical practitioner.

"wage"

means that part of the remuneration payable in money to an employee in respect of his ordinary hours of work referred to in clause 7, or where an employer regularly pays an employee in respect of his ordinary hours of work an amount higher than that so prescribed, it means such higher amount;

"weekly employee"

means an employee who is employed by the week.

"working partner, director or member"

means a person who himself performs any of the classes of work referred to in Schedule A and who is directly involved in the manufacturing of Furniture at all times.