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

Notices

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 8 : Collective Bargaining

56. Bargaining unit

 

(1) The bargaining unit means all employees employed in operations, warehousing, fleet maintenance and administration as listed in the wage schedules as contained in Schedule 2 of the Main Agreement, but excluding management that may take decisions to recruit or discipline employees, however including supervisors and controllers regardless of whether or not they may make decisions to recruit or discipline.

 

(2) Extended bargaining unit employees shall exclude employees within the traditional bargaining unit. It shall mean employees whose jobs are graded up to the C1 band that are involved in the administration of the operations of road freight logistics, warehousing and fleet maintenance and with reference to the categories listed in Schedule 7 of the Main Collective Agreement.

 

(3) The job categories listed in Schedule 7 of the Main Collective Agreement shall be the only job categories applicable and recognised within the road freight and logistic industry and there shall be no other new job categories introduced without a resolution from the Council.

 

(4) An Agent appointed in terms of clause 73(1) is empowered to conduct an investigation on job description of an employee who is graded above C1 band but earning less than the minimum of a job category graded at C1 band or below. After conclusion of the investigation, an Agent is entitled to make a determination on the correctness of the job description of such employee whose earning is less than the minimum of a job category graded at C1 band or below. In making such determination, the Agent shall be entitled to review and amend the job grading assigned to such employee.  Any party that disputes the determination of the Agent in terms of this clause shall be entitled to refer a dispute to the Council in terms of clause 75.

 

(5) In order to confirm current specified job categories and identify other job categories within the defined bargaining unit, a Council task team will be appointed to—
(a) ensure that short descriptions of each category exists; and
(b) ensure that job grading and classification of identified jobs in terms of the Patterson grading is done; and
(c) determine the existing minimum wage ranges of the identified jobs in the Industry in terms of current wages / salaries; and
(d) ensure that a service provider is appointed to perform the services envisaged in subclause (a) to (c) above.
(e) oversee, in co-operation with the Council, the collection of information required to verify representativeness of parties to the Council in the defined bargaining unit by the Department of Employment and Labour in terms of Section 49 of the Act.
(f) Employers in the Industry are obliged to submit information in respect of (e) above, on a monthly basis in respect of all employees who falls within the definition of the Bargaining Unit in terms of this clause. The information is to be submitted on the prescribed monthly return, published by Council from time to time.

 

[Clause 56 substituted by section 3 of Notice No. 1364, GG 42788, dated 25 October 2019]