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 One : Scope of Application, Period of Application, Industrial Action, Levels of Bargaining and Definitions 5. Definitions

 

 

"Act"

means the Labour Relations Act, 1995;

 

"Aluminium Installer /Fixer"

means an employee who exclusively works on a construction site as a non-designated Artisan in terms of clause 17 of this Agreement and is engaged in all of the following activities:

Such an employee shall be registered as an Artisan and shall be remunerated at an Artisan's rate and receive the benefits of an Artisan.

 

"Aluminium Manufacturing Worker"

means an employee registered as a Tradesman Class 3 of this Agreement and is engaged in all of the following activities:

 

"Area A"

means the Magisterial Districts of The Cape, Wynberg, Simonstown, Goodwood, Mitchel's Plain, Bellville, 'Wits River, Somerset West and Strand.

 

"Area B"

means the Magisterial Districts of Paarl, Wellington, and Stellenbosch.

 

"Area C"

means the Magisterial District of Malmesbury.

 

"Area D"

means the Municipal Area of Overstrand.

 

"apprenticeship"

means a Learner /Apprentice registered with the Construction SETA as an apprentice.

 

"Apprentice 3rd Year "

means an employee who has completed 75%-99% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"Apprentice 2nd Year"

means an employee who has completed 55%-74% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"Apprentice 1st year"

means an employee who has completed less than 55% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"Artisan "

means a person who is registered as such in terms of clause 17 of this Agreement.

 

"assistant floor layer"

means an employee who is registered as such with the Council and who works under the supervision of a floor layer and shall be remunerated as a Tradesman Class 2.

 

"block"

means a walling unit of which the face dimensions exceed either 300mm in length or 150mm in height.

 

"blocklayer"

means any person who is registered as a Tradesman Class 2 with the Council and who is engaged in the laying of blocks as defined in this Agreement, on any type of construction, or the laying of paving slabs, precast concrete channels and kerbs.

 

"BIBC"

means "the Building Industry Bargaining Council (Cape of Good Hope)".

 

"Building Industry" or "Industry"

means, subject to the provisions o any demarcation determination made in terms of section 76 of the Labour Relations Act, 1956, and without in any way limiting the ordinary meaning of the expression, the industry in which employers and their employees are associated for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures and for making articles for use in the erection, completion or alteration of buildings or structures, whether the work is performed, the material is prepared or the necessary articles are made on the sites of the buildings or structures or elsewhere: Provided that such manufacturing activities shall be limited to the specific manufacturing activities that are mentioned in the following trades or subdivisions thereof, and shall further be limited to the carrying out of such activities by an employer who is associated with his employees for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures for use by him in the conducting of building work, and includes all work executed or carried out by persons therein who are engaged in the following trades or subdivisions thereof, Including excavations and the preparation of sites for buildings as well as the demolition of buildings, unless such demolitions were not carried out or the purpose of preparing the sites for building operations but does not include clerical employees and administrative staff, nor the wiring of or installation in buildings of lighting, heating or other permanent electrical fixtures, and the installation, maintenance or repair of lifts in the buildings:

 

Alternative building systems: including all alternative building systems utilized for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings or structures. These systems include, but are not limited to the following type of activities:

 

Asphalting, which includes covering floors or flat and/or sloping roofs, waterproofing or damp-proofing basements or foundations, whether or not with prepared roll roofing or asphalt sheeting having glazed or unglazed surfaces, whether or not using tar, macadam, or any other type of solid or semi-solid asphalt, mastic or emulsified asphalt or bitumen's, applied either hot or cold to such roofs, floors, basements or foundations;

 

bricklaying, which includes concreting and fixing glass bricks, concrete blocks, slabs or plates, tiling walls and floors, jointing brickwork, pointing, paving, mosaic work, facing work in slate, in marble and in composition, drain laying, slating, roof tiling, cement-caulking earthenware pipes, bituminous work, asphalting and sheeting, and the erecting of prefabricated concrete structures or garden walls and/or boundary was with posts or stabs;

 

concrete work, which includes the supervision of concrete being placed in situ and levelling the surfaces thereof;

 

French polishing, this includes polishing with a brush or pad, and spraying with any composition.

 

"Floor laying and wall covering" - Flooring which includes laying and fixing of floors of wood, mosaic, composition, rubber or any other material; sandpapering of same, and the fixing of all types of flooring or wail coverings in tile or sheets, including resilient flooring, linoleum, inlaid linoleum, althoid, asphalt tiles or asphalt based materials, cork, rubber, carpeting, vinyl and plastic compositions; supervision of artisan's assistants engaged on floor laying and floor and wall covering.

 

glazing, which includes the cutting and/or fixing of all kinds of glass or other like products into the rebates formed in wooden or metal doors, windows, frames or like fixtures, and all operations incidental thereto;

 

joinery, which includes the fixing of all wooden fittings and the manufacture of all articles of joinery incidental to such fittings, whether or not the fixing in the building or structure is done by the person making or preparing the article used, including cupboards, kitchen dressers or other kitchen fixtures which accrue to the building as a permanent part thereof;

 

masonry, which includes stone masonry, stone-cutting and building (also the cutting and building of ornamental and monumental stonework), concreting and fixing or building pre-cast or artificial stone or marble, paving, mosaic work, pointing, wall and floor tiling, operating a portable spinner and flexible cutting, finishing and other stone working machine, stone -polishing machinery, and sharpening mason's tools and drawing, designing and setting out of letters and enrichments; cutting and carving of letters by hand and pneumatic hammer; final surfacing and finishing of the material whether or not the fixing In the building or structure is done by the person making or preparing the article used:

 

Mass-manufacturing section: means that section of the building industry in which activities are carried out in connection with the mass-manufacturing in off-site workshops, using repetitive processes of articles and/or component parts for articles and/or the assembly of articles which are manufactured for use in the erection, completion, renovation, repair, maintenance or alteration of building or structures and include all work executed or carried out by persons in such workshops, excluding clerical employees and administrative staff, who are engaged in the mass manufacture and/or assembly of roof trusses, laminated beams, mouldings, skirting boards, panelling, ceiling boards, hollowcore floor panels, cantilevers, lintels, precast staircases, floor blocks, building

 

blocks, including those manufactured from alternative materials, windows/doors/window frames and door frames made of wood, aluminium or other material, kitchen cupboards and other kitchen fittings, partitioning, shop, office and bank fittings and other fixtures which are built in and/or affixed to buildings and structures. This section includes the manufacture of wooden components which includes but is not limited to the cutting and edging of chipboard, laminating chipboard with melamine, or any other type of laminate, the manufacture of post four tops which include, but is not limited to the cutting and edging thereof with melamine.

 

metal work, which includes aluminium and includes the fixing of steel ceilings, metal windows, metal doors, builder's smith work, metal frames and metal stairs and architectural metal work, together with the manufacture and/or fixing of drawn metal and sheet and extruded metal, whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

painting, which includes decoration, paperhanging, glazing, distempering, lime and colour washing, staining, varnishing, graining, marbling, spraying, wall decoration, applying primer and undercoat, enamelling, gilding, lining, stencilling, wax polishing, and woodwork preservation, using rope access to apply paint and which also includes paint removal, scraping, washing and cleaning painted or distempered waifs and washing and cleaning woodwork when such removal, scraping, washing and cleaning are preparatory to any of the said processes;

 

plastering, which includes moulding, mould- making, facing casts to moulds, making and fixing plaster board ceilings and fibrous plaster or other compositions, granolithic, terrazzo and composition floor-laying, composition wall covering and polishing, operating a portable spinner and flexible cutting and finishing machine, pre-cast or artificial stone work, wall and floor tiling or cladding, paving and mosaic work, metal lathing, acoustic spraying and all processes incidental to the completion of ceilings and walls, whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

plumbing, which includes brazing and welding, lead burning, gas fitting, sanitary and domestic engineering, drain laying, caulking, ventilating, heating, hot and cod water fitting, fire prevention installation and the manufacture and fitting of all sheet metal work, whether or not the fixing in the building or structure is done by the person making or preparing the article used;

 

shop, office and bank fitting, which includes the manufacture and/or fixing of shop fronts, window enclosures, showcases, counters, screens and interior fittings and fixtures;

 

steel reinforcing, which includes the making and erecting of shuttering and supervising the bending, placing and fixing in position of steel;

 

steel construction, which includes the fixing of metal or steel roof sheeting and/or wall cladding, all classes of steel or other metal columns, girders, steel joints or metal in any form which forms part of a building: Provided that the on-site assembly, placing and fixing in position and erection of the metal or steel framework (excluding metal or steel roof sheeting and/or wall cladding) that is to form part of a building shall be excluded from this definition when such activities are carried out by the employees of an employer who manufactures such metal or steel framework;

 

woodworking, which includes carpentry and veneer panelling and the polishing and sandpapering of same, woodworking, the manufacture of fixtures to specification for installation in specified buildings and the manufacture of stocks, machining, turning, carving, fixing corrugated Won or asbestos tile, shingling and other roof coverings, sound and acoustic material, cork and asbestos insulation, wood-lathing, composition ceiling and wall covering, plugging walls, covering woodwork with metal and covering metal with woodwork, block and other flooring, including wood, linoleum, rubber composition, asphalt-based floor covering or cork, and the sandpapering of same, operating a of portable spinner and flexible cutting, finishing and polishing machine, shuttering and/or preparing forms of moulds for concrete, cork carpeting and any class or kind of linoleum when fixed in any building or structure, and the application of asphaltic saturated felt or fabrics to floors and/or walls and/or roofs, whether or not the fixing in the building or structure is done by the person making or preparing the article used. For the purposes of this definition "structure" means structure in the nature of, or incidental to, a building;

 

"carpet fitter"

means an employee who is registered as such with the Council and who, under the supervision of a carpet layer, is engaged in one or more of the following activities:

 

"carpet layer"

means an employee who is registered as such with the Council and who is engaged in one or more of the following activities: The laying and/or fixing and/or fitting and/or stretching of all types of carpeting and carpet wall coverings, including the supervision of employees engaged in carpet fitting and the fatting of carpet wall coverings, and of general workers;

 

"ceiling and/or partition worker"

means an employee who is registered as such with the Council and who, under the supervision of a ceiling and/or partition erector, is engaged in one or more of the following activities: all operations connected with the fixing of metal partition grids, excluding plumbing and levelling; all operations connected with the suspension of metal ceiling grids, excluding levelling; applying dry-wall tape and jointing compound; cutting and fitting of ceiling panels to metal grid systems; fitting drywall sheets; fitting partitions panels; fitting pre-cut glass; fitting skirting, glazing beads and cover strips; operating a compressed air nailing machine; operating a spray gun to apply glue or plaster mix; square cutting, using an aluminium cut-off saw; using a drilling machine; using a dry-wall screwdriver.

 

"clerical worker"

means an hourly paid worker receiving benefits applicable to Tradesman Class 3.

 

"continuous employment"

means any period during which an employee has been continuously employed by the same employer, and for this purpose periods of employment with the same employer broken by not more than 60 days from date of termination of employment to re- engagement of the employee owing to the discharge or retrenchment of the employee by the employer shall be deemed to be continuous service;

 

"Council"

means the Building Industry Bargaining Council (Cape of Good Hope), registered in terms of section 29 of the Labour Relations Act, 1995;

 

"Designated Glazier"

means an employee registered as an Artisan and shall be remunerated as an Artisan and shall receive the benefits of an Artisan with the Council in terms of clause 17 of this Agreement and is engaged in one or more of the following activities has completed the SAQA requirements for a Designated Glazier:

 

"driver"

means an employee who is engaged in driving a motor vehicle, and for the purposes of this definition, "driving a motor vehicle" includes all periods of driving and any time spent by the driver on work connected with the vehicle or the load and all periods during which he is obliged to remain on duty in readiness to drive; further, for the purposes of this Agreement, a driver shall be classified in one of the following categories:

 

"employee"

means any person, excluding an independent contractor, who works for another person and who receives, or is entitled to receive, any remuneration; and any other person who in any manner assists in carrying on or conducting the business of the employer

 

"employer"

means any person, including an independent contractor, who employs or provides work to any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person in any manner to assist him in the carrying on or conducting of his business; including ensuring registration with the BIBC of sub-contractor and their respective sub-contractors and includes any person who carries on an associated or related activity or business by or through an employer if the intent or effect of their doing so is or has been to directly or indirectly defeat the purposes of this Agreement.

 

"fixed-term contract"

means a contract terminating on a special date stipulated in the contract;

 

"floor layer"

means an employee who is registered as such with the Council and who is engaged in one or more of the following activities: laying and fixing of all types of floor or wall coverings, including wood, composite rubber, resilient flooring, linoleum, asphalt tiles, or asphalt based materials, cork, rubber, vinyl, and plastic composition or any other similar material excluding carpeting, and supervising of assistant floor layers and general workers.

 

"general worker"

means not a Labourer but a person who has developed specific skills recognised by his employer.

 

"general fund"

means Council funds excluding Sick Fund, Medical Aid Fund, Tool Fund, Pension and Provident Funds, Holiday and Bonus Funds.

 

"glazier"

means an employee who Is engaged in the final fitting and fixing of glass into frames who is registered with the Council as such and who has been issued with a registration card.

 

"industrial action"

means any action contemplated in terms of the definition of "strike" and "lockout ", respectively, in the Labour Relations Act, 1995;

 

"joinery assembler"

means an employee who is registered as a Tradesman Class 3.

 

"labourer"

is an employee responsible for cleaning and carrying out various unskilled manual and mechanised tasks, relating to the mixing and placing of materials, for incorporation into the final budding elements, as welt as those required in temporary or false works, as well as all unskilled aspects of work pertaining to the general preparation of construction sites for the erection, alteration to and modification of, structures and buildings, including the unloading, moving, placing and loading of raw materials, plant and equipment and the operation and cleaning of small construction machinery, such as concrete mixers, compactors and concrete vibrating equipment.

 

"leading hand /junior foreman"

means an hourly paid person in a supervisory position receiving benefits applicable to an artisan.

 

"Machine Operator"

means an employee who is registered as a Tradesman Class 2 and is engaged in all of the following activities:

 

"manufacturing worker"

means an employee who is registered as a Tradesman Class 4,

 

"Monumental Masonry Industry"

means the Industry in which employers and employees are associated for the purpose of making and erecting gravestones and cemetery memorials of all types.

 

"Non-Designated Glazier"

means an employee registered as a Tradesman Class 2 and shall be remunerated as a Tradesman Class 2 and receives the benefits of a Tradesman Class 2 and is engaged in all of the following activities but has not completed the requirements for a Designated Glazier:

 

"normal working hours"

means the number of hours that a particular employer has contracted with an employee to be worked on any normal working day, but excluding all overtime hours worked on any day;

 

"normal working day"

means any day that a particular employer has contracted with an employee to be a normal working day including public holidays that fall on a normal working day, but excludes all other days that do not fail on e normal working day, that are to be remunerated at overtime rate of pay;

 

"off-site workshop"

means any premises which is not situated on a site where building construction activities are being carried out and which are registered or are liable for registration as a "factory" in terms of the provisions of the Occupational Health and Safety Act 85 of 1993 as amended, and on which any activities in connection with the mass-manufacturing of the building industry, using woodworking machines including, but not limited to, portable electric and/or pneumatic tools, are being carried out.

 

"paving"

is a surface that is constructed by manual or mechanical means utilising pre-manufactured segmental, slab, brick, block or cobble units laid to form a hard surfacing. Areas of application shall be deemed to include all sites requiring such surfacing, This includes, but is not limited to, parking areas, pavements, driveways, pool surrounds, patios, roads and forecourts.

 

"period determined by the Council"

means a period prescribed to be not later than the 7th day of each month in respect of every employee employed by the employer during the preceding month;

 

"plant operator"

means a person operating a power-driven plant, and for the purposes of this Agreement, a plant operator shall be classified in one of the following categories:

Operators of plant which requires the plant operator to be in possession of a Code Cl licence or above;

operators of plant which requires the plant operator to be in possession of a Code A, A1 or B licence;

crane drivers with proven competencies as per the Driven Machinery Regulations Code C41 (tower crane top stewing) or Code C42 (tower crane bottom stewing)

 

"roofer"

means an employee who is a Tradesman Class 2 who is responsible for the setting out of a roof from drawings or otherwise, who determines the positions of battens, slates, tiles, sheets and other cooling materials, including shingles, thatch, etc. who may fix flashings, gutters and downpipes to roofs, who is in charge of and supervises the work of others engaged in roof construction.

 

"scaffold"

means any structure of framework used for the support of persons, equipment and material in elevated positions in connection with building or excavation work.

 

"scaffold erector"

means an employee able to identify, erect and dismantle all types of scaffolding systems according SANS 10085.

 

"structure"

includes walls, boundary, garden and retaining walls and monuments,

 

"security guard"

means any employee who is engaged in protection or safeguarding property and/or premises in any manner, including but not limited to guarding, patrolling, watching over of security property and/or premises;

 

"skills and education trust"

means the MBAWC Skills and Education Trust, trust deed number IT1029/2001;

 

"temporary employment service"

or Labour Broker means any person who, for reward, procures for or provides to a person (hereinafter referred to as the "client") other persons—

 

"Tradesman Class 2"

means an employee who has completed 75%-99% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"Tradesman Class 3"

means an employee who has completed 55%-74% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"Tradesman Class 4"

means an employee who has completed less than 55% of credits applicable to his trade, but has not completed a trade test, but could be regarded as proficient in the relevant trade.

 

"wage"

means the basic wage prescribed in terms of clause 19 of this Agreement in respect of the ordinary hours laid down in clause 20.

 

"waterproofing worker"

means an employee who is registered as such with the Council and who, is engaged in one or more of the following activities: Waterproofing and damp proofing of all horizontal, sloping or vertical surfaces (including all types of tanking) with all types of roofing membranes, sheetings and liquid or semi-liquid or mastic coatings: Applying protective paint and/or coating to waterproofing surfaces; All other work in connection with waterproofing and damp proofing.