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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure H - Construction Sites covered by a Project Labour Agreement

 

ANNEXURE H

 

CONSTRUCTION SITES COVERED BY A PROJECT LABOUR AGREEMENT

 

1. General provisions:
1.1 The provisions of this Annexure are confined to employers and employees operating on multi-disciplinary construction sites (i.e. sites where metal, electrical contracting, piping, civil and building activities are being undertaken) where a Project Labour Agreement (PLA) or equivalent agreement has been negotiated, or an exemption to apply these provisions to a specific construction site has been granted by a national committee representing the signatories to this Annexure and the Council.
1.2 The provisions of this Annexure shall only be applied to a construction site where a Project Labour Agreement or equivalent has been negotiated or where an exemption to apply these provisions has been granted by a national committee
1.3 The aim of this section is ensure commonality of conditions of employment between the various industries working together on a construction site.

 

1.4 For the purposes of this section “construction site” within the context of the provisions of sub clause 1.1 above means an area where:
(a) A structure including but not limited to a building, a plant, a pipeline, and a tower is being erected or built; and/or
(b) Refurbishment, overhaul, maintenance, alteration upgrading etc of an existing structure referred to in (a) above.
(c) Shipbuilding and/or ship repair work is specifically excluded from the definition of “construction site”.
1.5 “Project Labour Agreement (PLA) or equivalent agreement” means an agreement entered into between the parties concerned regulating specific conditions applicable to the specific construction site concerned, including the agreed wage structure.
1.6 In order to ensure flexibility and commonality on construction sites, the parties may agree in a PLA to:
- Work normal time of up to 45 hours per week;
- Structure the working  week;
- Pay Sunday time as normal time until the normal working hours have been made up
1.7 The standard wage rates payable to the scheduled employees reflected on the schedule herein, on a specific construction site will be subject to the provisions of clause 1.1 above.

 

A. FROM THE COMING INTO OPERATION OF THIS AGREEMENT 1 JULY 2021 TO 30 JUNE 2022

Any person who is able to demonstrate that he/she has obtained previous knowledge and skills of working on a construction site, and is able to perform work in a higher grade, and subject to such work being available may not be employed in Grade (a), Grade 1 and Grade 2 and on the rates herein unless the employee elects otherwise. The period that an employee may be remunerated on Grade 1(a) and 2(a) rates will be the subject of a PLA, but shall not be longer than 4 months.

 

Grade

Current Minimum Scheduled Rates

Percentage Increase on Scheduled Wage Rates

Guaranteed Rand and Cents Increase per hour

New Minimum Wage Rates

5

84,75

5,00

4,24

88,99

4

78,41

5,00

3,92

82,33

3

68,35

5,50

3,76

72,11

2

56,88

5,77

3,28

60,16

2(a)

47,68

6,00

2,86

50,54

1

 

Rate 1 and 1(a) to be aligned with the wage rate applicable to the general worker rate in the bargaining council for the civil engineering industry.

1(a)

 

B. FOR THE PERIOD 1 JULY 2022 TO 30 JUNE 2023

Any person who is able to demonstrate that he/she has obtained previous knowledge and skills of working on a construction site, and is able to perform work in a higher grade, and subject to such work being available may not be employed in Grade (a), Grade 1 and Grade 2 and on the rates herein unless the employee elects otherwise. The period that an employee may be remunerated on Grade 1(a) and 2(a) rates will be the subject of a PLA, but shall not be longer than 4 months.

 

Grade

Current Minimum Scheduled Rates

Percentage Increase on Scheduled Wage Rates

Guaranteed Rand and Cents Increase per hour

New Minimum Wage Rates

5

88,99

5,00

4,45

93,44

4

82,33

5,00

4,12

86,45

3

72,11

5,50

3,97

76,08

2

60,16

5,77

3,47

63,63

2(a)

50,54

6,00

3,03

53,57

1

 

Rate 1 and 1(a) to be aligned with the wage rate applicable to the general worker rate in the bargaining council for the civil engineering industry.

1(a)

 

C. FOR THE PERIOD 1 JULY 2023 TO 30 JULY 2024

Any person who is able to demonstrate that he/she has obtained previous knowledge and skills of working on a construction site, and is able to perform work in a higher grade, and subject to such work being available may not be employed in Grade (a), Grade 1 and Grade 2 and on the rates herein unless the employee elects otherwise. The period that an employee may be remunerated on Grade 1(a) and 2(a) rates will be the subject of a PLA, but shall not be longer than 4 months.

 

Grade

Current Minimum Scheduled Rates

Percentage Increase on Scheduled Wage Rates

Guaranteed Rand and Cents Increase per hour

New Minimum Wage Rates

5

93,44

5,00

4,67

98,11

4

86,45

5,00

4,32

90,77

3

76,08

5,50

4,18

80,26

2

63,63

5,77

3,67

67,30

2(a)

53,57

6,00

3,21

56,79

1

 

Rate 1 and 1(a) to be aligned with the wage rate applicable to the general worker rate in the bargaining council for the civil engineering industry.

1(a)

 

1.9 Any PLA in existence at the date of coming into operation of this Agreement shall remain valid until expiry of that Agreement.

 

2. Inclement weather:
2.1 Whenever the prescribed ordinary hours of work are reduced on account of inclement weather, it will be dealt with as follows:
2.1.1 If work is not possible any time during the first four (4) hours of work due to inclement weather then four (4) hours will be paid provided that the employee has reported for work;
2.1.2 If work is not possible any time after four (4) hours due to the inclement weather, the actual hours worked for that day will be paid;
2.1.3 If employees are informed the day before not to report for work on that or subsequent days because work will not be possible due to inclement weather, then no payment will be made for that day/s;
2.1.4 In cases where work can continue under cover, the provisions of this clause shall not apply;
2.2 Notwithstanding the above, employees shall be paid not less than 66% of their weekly wage, irrespective of the number of hours by which the hours for that week were reduced due to inclement weather.

 

3.        Retirement benefit funds:

3.1 Employees engaged on limited duration contracts of employment during their first consecutive 12 months’ employment with the same employer are not required to contribute to the Industry’s benefit funds. In these circumstances the employer is required to provide death and disability cover through the Industry’s benefit funds to these employees.
3.2 Where these employees have been in the continuous employ of the same employer for more than 12 months then they must participate in the Industry’s benefit funds.”