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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part C : Provisions for the KwaZulu-Natal Region

3. Definitions

A. General Definitions

Purchase

"Accounting Officer"

means—

(a)	any Manager or Secretary of an establishment who is a member of a recognised profession as set out in section 60 of the Close Corporations Act, 1984; and

(b)	any other person approved by the Council.

"Act"

means the Labour Relations Act, 1995;

"Clothing Industry" or "Industry"

means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and their employees are associated for the making of all classes of the undermentioned items of apparel/clothing/garments:

Belts (manufactured from cloth), braces, brassieres, caps, collars, corsetry, cummerbunds, gloves, handkerchiefs, hats, hosiery (including ladies" stockings, pantihose and socks), knitted outerwear, knitted underwear; nightwear (including pyjamas), outerwear, protective wear (including overalls and wetsuits), scarves, shirts, suspenders, ties (including bowties), and underwear;

A. and includes—

(a)

all operations incidental thereto and consequent thereon and all succeeding processes or operations performed in connection therewith carried on by such employers and any of their employees, irrespective of the process or method used in such making and irrespective of whether such processes or operations are performed on the premises of such employers, or elsewhere;

(b)

all types of hand-sewing operations (including beading and embroidery), whether by hand and/or machine, on garments and/or parts of garments and irrespective of whether or not such operations are performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(c)	any of the aforementioned items made for quantity production tailoring made to the order of any government department, provincial administration, S A Airways, Telkom, Transnet or local authority;

(d)	any part(s) of garments whether by means of a knitting process or otherwise;

(e)	design-room services, irrespective of whether or not such services are provided by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(f)	fully-fashioned and/or semi-fashioned garments knitted on circular, flat or full-fashioned machinery;

(g)	screen process printing on garments and parts of garments performed in a clothing, textile and/or knitting establishment;

(h)	tailored outer garments for the execution of special measure orders from dealers whose customers" measurements are taken by or on the responsibility of such dealers;

(i)	the changing of labels, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(j)	the making of buttonholes, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(k)

the ironing of garments and/or parts of garments, irrespective of whether or not such ironing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work on newly manufactured garments on behalf of such employers and any of their employees;

(l)	the making up of garments from knitted fabric in the establishment in which the fabric was knitted;

(m)	the making up of sample garments and/or parts of garments, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(n)	the marking-in and/or cutting of garments or parts of garments, irrespective of whether or not such operation(s) is(are) performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees; and

(o)

the packing of garments and/or parts of garments, irrespective of whether or not such packing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work with newly manufactured garments on behalf of such employers and any of their employees;

B. but excludes—

(a)	belts, braces, garters, suspenders and armlets manufactured from leather;

(b)	boxing gloves;

(c)	retail dressmaking, i.e., the making of single garments to the measurement of individual persons;

(d)	retail millinery, i.e., the making of hats in shops for sale in such shops and the making of single hats to the measurement of individual persons;

(e)	tailor-made garments for individual persons, provided such garments are not manufactured in a factory;

"complying employer"

means an employer whose company or concern is fully registered with the Council or a council which amalgamated to form the National Bargaining Council, which has given effect to the applicable Council Main and Benefit Fund Collective Agreements in each of its establishments or has received due exemption therefrom, who is up to date with Council and any Benefit Fund contributions, trade union, employer subscriptions or who has implemented a signed Council-approved arrears repayment plan and who has registered all permanent and contract employees in the Council;

[Definition substituted by section 5(1) of Notice No. R. 421, GG44572, dated 14 May 2021]

"contract worker"

means an employee who is employed on a fixed-term contract;

"Council"

means the Kwazulu-Natal Chamber (formerly the Bargaining Council for the Clothing Industry (Natal)) of the National Bargaining Council for the Clothing Manufacturing Industry;

"earnings"

means the total remuneration due to an employee for the time actually worked;

"employee"

means —

(a)	any person within the scope of application of this part of the Agreement as set out in clause 1, excluding an independent contractor, who works for another person in the Clothing Industry and who receives, or is entitled to receive, any remuneration; and

(b)	any other person within the scope of application of this part of the Agreement as set out in clause 1, who in any manner assist in carrying on or conducting the business of an employer in the Clothing Industry.

"establishment"

means any place in which any operation in connection with the Clothing Industry is carried on;

"experience"

means the total period of employment an employee has had in the Clothing Industry, whether within the Republic of South Africa or elsewhere, in any capacity other than as a driver of a motor vehicle, or mechanic, and includes—

(a)	in the case of a clerical employee, all periods of employment which such employee has had as a clerical employee, irrespective of the trade, industry or undertaking in which such experience was gained;

(b)	in the case of a retail or private dressmaker seeking employment in the Clothing Industry in a capacity other than that of a clerical employee, traveller, mechanic, belt man, boiler attendant or driver of a motor vehicle, half of his total experience as a retail or private dressmaker;

(c)	in the case of a presser and/or folder who has been in the Laundry Trade, seeking employment as a presser, ironer and/or folder in the Clothing Industry, half of his total experience in the Laundry Trade;

(d)	in the case of all other employees, each completed period of six months" training in any work similar to that for which wages are prescribed in this part of the Agreement shall entitle the employee to one increment on the appropriate wage scale;

"hourly wage or rate"

means the weekly wage divided by 42½.

"Laundry Trade"

means the trade in which employers and employees are associated for the purpose of laundering, cleaning or dyeing all types of woven, spun, knitted or crocheted fabrics or articles made from such fabrics, including all operations incidental thereto or consequent thereon, if carried out by such employers and their employees;

"learner"

means an employee whose period or periods of employment do not entitle him to be paid the qualified wage prescribed in clause 4 (1) for an employee of that class;

"monthly wage"

means the weekly wage multiplied by four and one-third;

"National Council"

means the National Bargaining Council for the Clothing Manufacturing Industry, registered in terms of the Act;

"night shift"

means any period of work performed in an establishment, the major portion of which fails between the hours 18:00 and 06:00;

"paternity"

means any event connected to the birth or adoption of a child parented by a male employee;

"piece-work"

means any system by which earnings are calculated upon the quantity or output of work performed;

"premium"

means , without in any way limiting the ordinary meaning of the term, any consideration of whatever nature given in return for the training of an employee;

"qualified employee"

means in relation to an employee in the Industry, an employee other than a learner, labourer, watchman and driver of a motor vehicle;

"qualified wage"

means the maximum wage prescribed in clause 4 (1) for an occupation;

"rates"

means piece-work rates or rates of payment for overtime;

"retail dressmaking"

means the making of single garments for girls and women to the measurement of individual persons, not as special measure orders from dealers whose customers" measurements are taken by or the responsibility of such dealers;

"retail millinery"

means the making of hats in shops for sale in such shops and the making of hats to the measurements of individual persons;

"task-work"

means the setting by an employer or his representative to an employee of a definite number of garments or portions of garments to be made up by such employee in a specified time;

"unladen mass"

means the mass of any motor vehicle and/or trailer as expressed in a licence or certificate issued by a licensing authority in respect of such motor vehicle or trailer: Provided that in the case of a two or three-wheeled motor vehicle (other than a mechanical horse), the unladen mass shall be deemed to be under 454 kg;

"weekly wage" or "wage"

means that portion of the remuneration payable in money to an employee in respect of the ordinary hours of work set out in clause 9 (1);

"workshop"

means any premises in which one or more employees are engaged on operations in the Clothing Industry.