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

Notices

National Bargaining Council For The Road Freight And Logistics Industry: Extension to non-parties of the Main Collective Agreement

Renewal of Period of Operation

Notice No. R. 329 of 2016

Purchase

Notice No. R. 329

17 March 2016

GG 39830

Department of Labour

I, Mildred Nelisiwe Oliphant, Minister of Labour, hereby in terms of section 32(2) read with section 32(5) and section 32(8) of the Labour Relations Act, 1995, declare that the collective agreement which appears in the Schedule hereto, which was concluded in the National Bargaining Council for the Road Freight and Logistics Industry and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the agreement, shall be binding on the other employers and employees in that Industry, with effect from the Second Monday after publication of this Notice and for the period ending 30 September 2016.

Mildred Nelisiwe Oliphant

Minister of Labour

Date: 15/03/2016

Schedule

National Bargaining Council For The Road Freight And Logistics Industry

Amendments to the Main Collective Agreement

In accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the–

Road Freight Employers' Association (RFA)

National Employers' Association of South Africa (NEASA)

(hereinafter referred to in this Agreement as the "employers" or the "employers' organisations")

of the one part, and the

South African Transport and Allied Workers' Union (SATAWU)

Motor Transport Workers' Union (MTWU)

Transport and Allied Workers' Union (TAWU)

Professional Transport and Allied Workers' Union of South Africa (PTAWU)

(Acting Jointly with Transport and Allied Workers' Union of South Africa in

terms of Clause 6.14 of the NBCRFLI Constitution)

(hereinafter referred to in this Agreement as the "employees" or the "trade unions"), of the other part,

being the parties to the National Bargaining Council for the Road Freight and Logistics Industry to amend the Agreement published under Government Notices No. R. 4 of 6 January 2012, No. R. 48 of 31 January 2014, No. R. 664 of 5 September 2014 and No. 981 of 16 October 2015

1.	Scope of Application

(1)	The terms of this Agreement shall be observed in the Road Freight and Logistics Industry:

(a)	by all the employers who are members of the employers' organisations and by all employees who are members of the trade unions, and who are engaged and employed in the said Industry, respectively.

(b)	in the Republic of South Africa.

(2)	Notwithstanding the provisions of subclause (1), this Agreement shall apply to—

(a)	employees for whom minimum wages are prescribed in this Agreement and to the employers of such employees;

(b)	other categories of employees, listed in schedule 7 who qualify for the across the board increases, as well as payments and benefits specified to the employees of such employees; and

(c)	owner-drivers and their employees only insofar hours of work and limitations on hours of work and registration with the Council is concerned.

(3)	The provisions of clause 1(1)(a), 1A, 65A, 73(1), 76, 77, 78, Schedule 4, 1A Schedule 5.8 and Schedule 5.9 of this Agreement shall not apply to employers and employees who are not members of the employers' organisation and the trade unions, respectively, who entered into this Agreement.