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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension to Non-parties of the Consolidated Pension Fund Collective Amending Agreement

1. Scope of Application of Agreement

 

(1) The terms of this Agreement shall apply to and be observed—

 

(a) in the Iron, Steel, Engineering, Metallurgical Industries throughout the Republic of South Africa;
(b) by all employers  and scheduled employees in the  Iron, Steel, Engineering and Metallurgical Industries who are members of the employers' organisations and the trade unions, respectively;
(c) by all employers and all scheduled employees in the Iron, Steel, Engineering and Metallurgical Industries who are not members of the employers' organisations and the trade unions; and
(d) the terms of this Agreement shall apply to Apprentices and Trainees not engaged by means of contract with the merSETA.

 

(2) The terms of this Agreement shall not apply to an employer and his employee who are governed by and fall within the scope of application of the Engineering Industries Pension Fund.

 

(3) The terms of this Agreement shall not, subject to sub-clause (4) below, apply to any employee who on 1 May 1991 was or thereafter became a participant in and member of any fund providing provident and/or pension benefits, which was in existence on the said date (and in which the employer of that employee was on the said date a participant) or to the employer of that employee, during such period only as such fund continues to operate and both employer and employee are partcipants therein: Provided that a fund which provides solely for payment of benefits on death shall not be deemed to be a pension or provident fund for the purposes of this Agreement.

 

(4) Where employers and employees participate in domestic schemes providing provident and/or pension benefits as referred to in sub-clause (3) above, which at the date of coming into operation of this Agreement do not provide for percentage contributions which, in total, are at least as much as the percentages, in total, specified in clause 6(2)(a) and (c) of this Agreement, a period of six weeks shall be allowed to enable compliance with this requirement, subject to any amendment of this Agreement.

 

(5) Clauses 1(1)(b), 2 of this Agreement shall not apply to employers and employees who are not members of the employers' organisations and trade unions, respectively.