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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Six : Employee Benefit Schemes

33. Pension/Provident Fund

 

(1)

(a) The Building Industry Pension Scheme (WP) (the "Pension Fund") and the Building industry Provident Fund (Western Province) (the "Provident Fund ") are hereby continued and shall continue to be administered by the Council in accordance with the provisions of the Act for the purpose of providing pensions to employees in respect of whom contributions are made in terms of this clause.
(b) Every employee for whom a contribution is required in the table in sub clause (3) below shall be a member of either the Pension Fund or the Provident Fund, subject always to the rules of the said funds.

 

(2) For the purpose of achieving the objects of this clause, the Council shall be entitled to enter into any agreements it deems fit and shall further be entitled to make rules in respect of the operation and administration of any fund established in terms of this clause, which may be amended from time to time.

 

(3) An employer shall contribute the following amounts to the Pension Fund or the Provident Fund, as the case may be, on behalf of each eligible employee in respect of each contribution day worked:

 

From the date of coming into operation of this Agreement to 31 October 2020

 

Category of Employee

Amount per day

Amount per day

Area A, B and C

Area D

R

R
(i) Labourer

19.72

18.89
(ii) General Worker

25.63

23.97
(iii) Tradesman Class 4, manufacturing worker, waterproofing worker and scaffold erector

27.28

26.48
(iv) Tradesman Class 3, clerical worker, joinery assembler, Aluminium Manufacturing Worker and Alternative Building System Installer 3

30.09

29.39
(v) Tradesman Class 2, machine operator, glazier, assistant floor layer, carpel fitter, block layer

41.02

39.73
(vi) Divers/Plant operators of Motor vehicles that require a code C1 licence, per day or above

35.96

34.10
(vii) Drivers of all other vehicles that require a code A, A1 or B licence

27.07

25.58
(viii) Artisan (including a Bricklayer, Stonemason, Carpenter, Joiner, Tiler, Plasterer, Designated Glazier, Plumber, Painter, Aluminium installer/fixer, Leading hand and Junior Foreman)

54.95

53.18
(ix) Security Guard (Employees engaged in patrolling premises and guarding property)

28.88

27.25
(x) Apprenticeship Year 1

19.24

18.43
(xii) Apprenticeship Year 2

27.48

26.60
(xiii) Apprenticeship Year 3

41.22

39.89

 

For the period 1 November 2020 to 31 October 2021 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2020 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

For the period 1 November 2021 to 31 October 2022 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2021 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

(2) Every employer shall further deduct a contribution from the remuneration of each eligible employee in respect of each contribution day, which shall be calculated as follows.

 

From the date of coming into operation of this Agreement to 31 October 2020

 

Category of Employee

Amount per day

Amount per day

Area A, B and C

Area D

R

R
(i) Labourer

18.49

17.71
(ii) General Worker

24.03

22.48
(iii) Tradesman Class 4, manufacturing worker, waterproofing worker and scaffold erector

25.58

24.82
(iv) Tradesman Class 3, clerical worker, joinery assembler, Aluminium Manufacturing Worker and Alternative Building System Installer 3

28.21

27.55
(v) Tradesman Class 2, machine operator, glazier, assistant floor layer, carpel fitter, block layer

38.46

37.24
(vi) Divers/Plant operators of Motor vehicles that require a code C1 licence, per day or above

33.71

31.97
(vii) Drivers of all other vehicles that require a code A, A1 or B licence

25.38

23.98
(viii) Artisan (including a Bricklayer, Stonemason, Carpenter, Joiner, Tiler, Plasterer, Designated Glazier, Plumber, Painter, Aluminium Installer/fixer, Leading hand and Junior Foreman)

51.52

49.86
(ix) Security Guard (Employees engaged in patrolling premises and guarding property)

27.08

25.54
(x) Apprenticeship Year 1

18.04

17.28
(xii) Apprenticeship Year 2

25.76

24.93
(xiii) Apprenticeship Year 3

38.64

37.40

 

For the period 1 November 2020 to 31 October 2021 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2020 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

For the period 1 November 2021 to 31 October 2022 the contributions applicable from 1 November 2019 shall be increased by the CPI percentage (as at the 1st of July 2021 as published by the Statistics South Africa) provided that the minimum increase shall be 4 %.

 

(3) Every employer shah pay the above contributions to the Council within the period determined by the Council.

 

(4)

(a) Subject to an eligible employee's right to nominate a beneficiary to receive any amounts which may become due in terms of the Pension Fund or Provident Fund in the event of his death before retirement, any pension benefits accruing to an employee in terms of this Agreement, shall no be transferable, and may not be ceded or pledged.
(b) When an employee fails to qualify for death, disability, and/or funeral benefits in terms of the Pension Fund and/or the Provident Fund because an employer has failed to pay contributions owing by it in respect of the employees membership, such employer shall be liable to pay to such employee or his beneficiary an amount of money equal to the death, disability and/or funeral benefits that would have been payable to the employee under the rules of the applicable fund had the contributions been paid by the employer.

 

(5) In the event of the Council's being dissolved, wound up or ceasing to operate during the currency of this Agneamen1, the parties shall appoint a trustee or trustees before such dissolution, winding up or ceasing to operate to perform the functions of the Council set out in this clause, and such trustees shall have all the powers vested in the Council for this purpose.