| (a) |
No person may be employed in the Building Industry unless he has been registered with the Council in the manner specified in this Agreement. |
| (b) |
The Council shall issue to each registered employee a Bargaining Council identity card, and the employee shall be required to retain that card at all times whilst engaged in work in the Building Industry. |
| (c) |
The Council shall bear the initial costs of the Bargaining Council identity card, but the employee shall be liable for the costs of the replacement of any lost identity card. |
| (d) |
If, at any stage, the employer, in conjunction with the trade union, is of the opinion that a registered employee, who at that time has been registered with the Council for less than three years, is not performing his duty to an acceptable level of proficiency, the employer may at his own cost require that the employee undergo a qualifying trade test under section 28 of the Manpower Training Act, 1981. Should the employee be unable to meet the proficiency level for which he was registered, the Council shall re-register that employee in accordance with the result of the section 28 trade test. |
| (2) |
Probationary learner building worker and learner building worker |
| (a) |
A registered employer may employ any person, other than a minor or a person eligible for indentureship as an apprentice in terms of the Manpower Training Act, 1981, as a probationary learner building worker or a learner building worker, after such person has been registered by the Council in the specified manner. |
| (b) |
Upon receipt of the specified application form, the Council shall register the learner in the appropriate employee category and enter the learner's name in a register. The learner shall then be entitled to perform work in the designated trade in respect of which he has been registered. |
| (c) |
The learner shall be entitled to undergo training under the auspices of the Building Industries Training Board, or any other accredited training institution approved by the Council and his employer. |
| (d) |
A probationary learner building worker shall be registered as a learner building worker Category 4 after he has been employed as such for a maximum of 28 consecutive calendar days (4 weeks) and has provided the Council with a letter of reference from an employer who shall employ him as a learner building worker Category 4; |
| (e) |
A learner building worker Category 4 shall be registered as a learner building worker Category 3— |
| (i) |
on having been employed in his trade with an employer as a learner building worker Category 4 for a minimum of 31 weeks and a maximum of 41 weeks; and |
| (ii) |
on having attended a recognized training institution for instruction in his trade; and |
| (iii) |
on having passed all the modules of phase one of the course content for his trade. |
| (f) |
A learner building worker Category 3 shall be registered as a learner building worker Category 2— |
| (i) |
On having been employed in his trade with an employer as a learner building worker Category 3 for a minimum of 39 weeks and a maximum of 49 weeks; and |
| (ii) |
on having attended a recognized training institution for instruction in his trade; and |
| (iii) |
on having passed all the modules of phase two of the course content for his trade. |
| (g) |
A learner building worker Category 2 shall be registered as a learner building worker Category 1— |
| (i) |
on having been employed in his trade with an employer as a learner building worker Category 2 for a minimum of 39 weeks and a maximum of 49 weeks; and |
| (ii) |
on having attended a recognized training institution for instruction in his trade; and |
| (iii) |
on having passed ail the modules of phase three of the course content for his trade. |
| (h) |
A learner building worker Category 1 shall be registered as an artisan— |
| (i) |
on having been employed in his trade with an employer as a learner building worker Category 1 for a minimum of 39 weeks and a maximum of 49 weeks; and |
| (ii) |
on having attended a recognized training institution for instruction in his trade; and |
| (iii) |
on having passed a minimum of 100% of the course content for his trade; and |
| (iv) |
on having completed his PPCs (Production Performance Criteria) with an employer or at a recognized training institution; and |
| (v) |
on having passed a category B trade test for his trade at an accredited trade test centre. |
| (i) |
The learner building worker shall be entitled to payment of wages in accordance with the wage specified in respect of his category in terms of clause 10(1) of this Agreement. |
| (a) |
A person in a specified category shall be registered as a building worker in that category in the following circumstances: |
| (i) |
In respect of Category 4, any person who— |
| (aa) |
is deemed to be qualified to work as an operator of a hoist or a dumper driver or a manufacturing worker, |
| (ab) |
has been registered as a learner building worker Category 4 and has failed to qualify for registration as a learner building worker Category 3; |
| (ii) |
in respect of Category 3, any person who— |
| (aa) |
is deemed to be qualified to work as an operator of a floor sanding machine or as an operator of a stone and terrazzo polisher; or |
| (ab) |
has been registered as a learner building worker Category 3 and has failed to qualify for registration as a learner building worker Category 2; |
| (iii) |
in respect of Category 2, any person who has |
| (aa) |
been registered as joinery assembler in terms of the provisions of this Agreement of the Council; or |
| (ab) |
completed a contract of learnership in terms of this Agreement as a joinery assembler and has passed a trade test approved and recognized by the Council; or |
| (ac) |
been registered as a learner building worker Category 2 and has failed to qualify for registration as a learner budding worker Category 1; |
| (iv) |
in respect of Category 1, any person who— |
| (aa) |
is deemed to be qualified to work as a fork-lift operator; or front-end loader operator, or; |
| (ab) |
has been registered as a blocklayer or glazier in terms of the provisions of this Agreement of the Council; or |
| (ac) |
has completed a contract of learnership in terms of this Agreement in the trade of block layer or glazier and has passed a trade test approved and recognized by the Council; or |
| (ad) |
has been registered as a learner building worker Category 1, and passed a trade test. |
| (b) |
Application for registration in any of the above categories shall be made to the Council in the manner determined by the Council. |
| (c) |
A building worker Category 1 shall not be registered as an artisan unless he has passed the requisite trade test. |
| (d) |
The Council shah register the building worker in a register, and the building worker shall be entitled to perform those facets of skilled work that fall within the modules for which he has obtained a proficiency level within the trade category in respect of which he has been registered. |
| (e) |
the building worker shall be entitled to payment of wages in accordance with the wage prescribed in respect of his category in terms of clause 10(1) of this Agreement, |
| (a) |
Artisan: Painter, Carpet and Floor layer, Waterproofer an Crane operator Any person who has either— |
| (i) |
been registered as an artisan in terms of the provisions of this Agreement of the Council; or |
| (ii) |
been employed in the Building Industry either within or outside the area of jurisdiction of the Council as a skilled worker, and has achieved a level of competency equivalent to that required of an artisan and who has passed a trade test approved and recognized by the Council; or |
| (iii) |
been employed outside the area of jurisdiction of the Council as a skilled worker and furnishes the Council with such documentary and other proof as the Council may deem necessary to substantiate the applicant's competency; |
shall upon application to the Council in the manner specified by the Council be registered as an artisan.
| (b) |
Artisan in all other trades: |
Any person who has either—
| (i) |
been registered as an artisan in terms of the provisions of this Agreement of the Council; or |
| (ii) |
been employed in the Building Industry either within or outside the area of jurisdiction of the Council as a skilled worker, and has achieved a level of competency equivalent to that required of an artisan and who has passed a trade test approved and recognized by the Council; or |
| (iii) |
been employed outside the area of jurisdiction of the Council as a skilled worker and furnishes the Council with such documentary and other proof as the Council may deem necessary to substantiate the applicant's competency; |
shall upon application to the Council in the manner specified by the Council be registered as an artisan,
South African Council for Educators Act, 2000
