Any reference in this Agreement to the Republic of South Africa shall be deemed to be those areas and/or Provinces as they existed immediately after the coming into operation of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). Any expressions used in this Agreement which are defined in the Labour Relations Act, as amended, shall have the same meaning as in that Act, and any reference to an Act shall include any amendments to such Act; further unless inconsistent with the context - "Act" means the Labour Relations Act, (as amended). The definitions as listed in Section 213 of the Act must be read as incorporated herein.

"Apprentice"

means an employee serving under a written contract of Apprenticeship registered or deemed to have been registered under the Manpower Training Act, 1981, and includes a minor employed on probation in terms of the Act or a trainee in terms of the Atrami Agreement as well as a learner in terms of Chapter IV of the Skills Development Act, 1998 (definition of —apprentice) substituted by R.1829 of 24 December 2003);

"Continuous employment"

means any period during which an employee has been continuously employed by the same employer and for the purpose of this Agreement periods of employment with the same employer broken by not more than 12 month's from date of termination of employment;

"Continuous processes"

means activities within a business or organization that are ongoing and sustained, and that are not designed to cease except for in an emergency;

"Council"

means the Metal and Engineering Industries Bargaining Council;

"employee"

means an employee whose minimum rate of pay is scheduled in this Agreement or an employee employed under exemption from this Agreement or under conditions determined by the Council, or an Apprentice;

"Employer"

means any person [including a temporary employment service as defined in clause 198(1) of the Labour Relations Act] who employs or provides work for 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;

"Employ of the same employee" and "employment with the same employer"

shall, for the purposes of Clause 12(2)(a) and 14(1) of this Agreement, include unbroken employment in the same business carrying out activities which fall within the scope of the Industry whether or not the ownership of that business has altered as a result of sale, change of control, amalgamation, reconstruction, liquidation, compromise with creditors or otherwise;

"establishment"

means any premises wherein or whereon the activities of the Industry, or part thereof, as herein defined, are carried on;

"hourly rate"

means the basic rate per hour for the class of work scheduled in this Agreement or, whichever is the greater, the actual basic rate per hour the employee is receiving, and "ordinary hourly rate" means the hourly basic rate for ordinary time excluding Public Holiday Pay, overtime and allowances;

"Law"

includes Common Law;

"Plastic Industry"

as defined in the certificate of registration of the MEIBC;

"PNF"

means the Plastics Negotiation Forum;

"Public holiday"

means New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill, as specified in Schedule 1 of the Public Holidays Act, 1994 (Act No 36 of 1994) or any other day so declared by the President of South Africa in a proclamation published in a Government Gazette: Provided that whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday; and provided further that any public holiday may be exchanged for any other ordinary working day as mutually agreed upon.

"Journeyman"

means an employee who has completed a contract of Apprenticeship under the Manpower Training act, 1981, or a contract of Apprenticeship recognised by the Council any any one of the classes of work specified who is in possession of a certificate recognised or issued by the Council enabling him to be employed as a journeyman;

"Regions"

means the Magisterial Districts as defined in the Constitution of the Bargaining Council;

"TES"

means temporary employment services as defined in Section 198 of the Act;

"Trainee"

means an employee under training in terms of clause 30 of the Manpower Training Act, 1981, on work classified in this Agreement or an employee under training in terms of the provisions of a contract issued or recognised by the Council, which includes contracts under the Artisan Training and Recognition Agreement for the Metal and Engineering Industries, as published under Government Notice R.655 of 8 May 1998.