Labour Relations Act, 1995 (Act No. 66 of 1995) Notices National Bargaining Council for the Electrical Industry of South Africa Extension of National Pension and Provident Funds Collective Agreement to Non-Parties 4. Definitions

 

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in the Act, and any reference to an Act shall include any amendment of such Act; further, unless inconsistent with the context—

 

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995) as amended;

 

"apprentice"

means an employee serving under a written contract of apprenticeship registered with the relevant SETA;

 

The definitions of the different stages of apprenticeship, as originally published under the Conditions of Apprenticeship under the repealed Manpower Training Act 1981 are the following:

 

"Stage 1" - Wage equals 38% of wage of electrician

This stage shall not exceed 4 months and the apprentice shall attend M0 - M3 and pass the test based on these modules.

 

"Stage 2" - Wage equals 45% of wage of electrician

This stage shall not exceed 58 weeks. It commences on the day following successful completion of modular test based on MO - M3, as referred to above, and ends on successful completion of Trade Test "A ".

 

"Stage 3" - Wage equals 50% of wage of electrician

This stage shall not exceed 65 weeks and commences on the day following successful completion of Trade Test "A ", as referred to above, and ends on successful completion of modular test based on M4 - M6 as well as Phase Test "B ".

 

"Stage 4" - Wage equals 70% of wage of electrician

This stage shall include a minimum of 17 weeks" practical on the job experience in M4 - M6, demonstrating practical competence in each module, successful completion of the NTC Part II (N2) and commences on the day following successful completion of Phase Test "B" and ends within 14 days of successful completion of Trade Test "B ".

 

"Area A"

means the Magisterial Districts of Alberton, Benoni, Boksburg, Brakpan, Bronkhorstspruit, Carletonville, Cullinan, Delmas, Germiston, Heidelberg, Johannesburg, Kempton Park, Krugersdorp, Kwamhlanga, Mkobola Nigel, Oberholzer, Pretoria, Randburg, Randfontein, Roodepoort, Sasolburg, Soshanguve, Soweto, Springs, Vanderbijlpark, Vereeniging, Westonaria, Witbank and Wonderboom;

 

"Area B"

means the Magisterial Districts of Amersfoort, Balfour, Bethal, Bochum, Brits, Ermelo, Garankuwa, Highveld Ridge, Klerksdorp, Kriel, Malamulela, Mankwe, Mhala, Middelburg (Mpumalanga), Mmabatho, Mokerong, Moretele, Nelspruit, Nsikazi, Phokwani, Pietersburg, Piet Retief, Pongola, Potchefstroom, Rustenburg, Seshego, Standerton, Thabamoopo, Themba, Thohoyandou, Volksrust, Wakkerstroom, and White River;

 

"Area C"

means the Magisterial Districts of Barberton, Bela -Bela (Warmbaths) Belfast, Bloemfontein, Bloemhof, Bolobedu, Botshabelo, Carolina, Christiana, Coligny, Delareyville, Dzanani, Eerstehoek, Elias Motsoaledi (Groblersdal) Giyani, Koster, Lephalale (Ellisras) Letaba, Lichtenburg, Lulekani, Lydenburg, Madikwe, Mapulaneng, Marico, Mbibana, Mdutjana, Moutse, Musina(Messina), Namakgale, Naphuno, Nebo, Nkomazi, Pilgrim"s Rest, Phalaborwa, Potgietersrus (only the district north of the Melk River), Schweizer -Reneke, Ritavi, Sekgosese, Sekhukhuneland, Soutpansberg, Swartruggens, Thabazimbi, Ventersdorp, Vuwani, Waterberg, Waterval Boven and Wolmaransstad;

 

"Area D"

means the Magisterial Districts of Bethlehem, Harrismith, Hennenman, Kroonstad, Odendaalsrus, Parys, Ventersburg, Virginia, Welkom and Witsieshoek;

 

"Area E"

means the Magisterial Districts of Barkly West, Bethulie, Boshof, Bothaville, Brandfort, Britstown, Bultfontein, Carnarvon, Clocolan, Colesberg, De Aar, Dewetsdorp, Edenburg, Excelsior, Fauresmith, Ficksburg, Fouriesburg, Frankfort, Fraserburg, Gordonia, Hanover, Hartswater, Heilbron, Herbert, Hoopstad, Jacobsdal, Jagersfontein, Kenhardt, Kimberley (outside a 20 km radius from the General Post Office), Koffiefontein, Koppies, Kudumane, Kuruman, Ladybrand, Lindley, Marquard, Noupoort, Petrusburg, Philippolis, Philipstown, Prieska, Postmasburg, Reddersburg, Reitz, Richmond (Northern Cape), Rouxville, Senekal, Smithfield, Theunissen, Trompsburg, Victoria West, Viljoenskroon, Vrede, Vredefort, Vryburg, Warrenton, Wepener, Wesselsbron, Williston ,Winburg and Zastron;

 

"Area F"

means the Magisterial Districts of Port Elizabeth and Uitenhage;

 

"Area G"

means the Magisterial Districts of Albany, Alexandria, Bathurst, Beaufort West, Calitzdorp, George, Humansdorp, Joubertina, Knysna, Ladismith, Mossel Bay, Oudtshoorn, Riversdale and Uniondale;

 

"Area H"

means the Magisterial Districts of Aberdeen, Adelaide, Albert, Aliwal North, Barkley East, Bedford, Bizana, Butterworth, Cala, Cathcart, Centani, Cofimvaba St Marks, Cradock, Elliot, Elliotdale, Engcobo, Flagstaff, Fort Beaufort, Glen Grey, Graaff -Reinet, Hankey, Herschel, Hewu, Hofmeyer, Idutywa, Indwe, Jansenville, Keiskammahoek, King Williams Town, Kirkwood, Komga, Kwabhaca, Lady Grey, Libode, Lusikisiki, Maclear, Mdantsane, Middelburg (Eastern Cape),Middledrift, Molteno, Mount Ayliff, Mount Fletcher, Mount Frere, Mqanduli, Murraysburg, Ngqeleni, Ngamakwe, Ntabethemba, Pearston, Peddie, Prince Albert , Qumbu, Queenstown, Seymour(Mpofu), Somerset East, Sterkstroom, Steynsburg, Steytlerville, Stutterheim, Tabankulu, Tarka, Tsolo, Tsomo, Umtata, Umzimvubu (Port St Johns), Venterstad, Victoria East, Willowmore, Willowvale, Wodehouse; and Zwelitsha.

 

"Area I"

means the Magisterial Districts of Beliville, Cape, Goodwood, Kuils River Mitchell"s Plain, Simonstown, and Wynberg

 

"Area J"

means the Magisterial Districts of Camperdown, Chatsworth, Durban, Inanda, Kranskop, Kwa Mapumulu, Lions River, Lower Tugela, Ndwedwe, New Hanover, Pietermaritzburg, Pinetown, Richmond, Umbumbulu, Umlazi, Umvoti, and Vulindlela, inclusive of any former self - governing territories located therein.

 

"Area K"

means the Magisterial Districts of Alfred, Babanango, Bergville, Dannhauser, Dundee, Emnambithi, Emzumbe, Enseleni, Eshowe, Estcourt, Ezingolweni, Glencoe, Hlabisa, Hlanganani, Impendle, Ingwavuma, lnkanyezi, Ixopo, Kliprivier, Lower Umfoiozi, Mahlabatini, Mooirivier, Mount Currie, Msinga, Mtonjaneni, Newcastle, Ngotshe, Nkandla, Nongoma, Nqutu, Okhahlamba, Ongoye, Paulpietersburg, Polela, Port Shepstone, Simdlangentsha, Ubombo, Umzinto, Underberg, Utrecht, Vryheid, Vulamehlo and Weenen, inclusive of any former self -governing territories located therein; and Umzimkulu in the Eastern Cape.

 

"Area L"

means the Magisterial District of East London;

 

"Area M"

means the Magisterial Districts of Gordon"s Bay, Malmesbury, Pearl, Somerset West, Stellenbosch, Strand and Wellington;

 

"Area N"

means the Magisterial Districts of Calvinia, Clanwilliam, Hopefield, Morreesburg, Namaqualand, Piketberg, Sutherland, Vanrhynsdorp, Vredenburg and Vredendal,

 

"Area 0"

means the Magisterial Districts of Bredasdorp, Caledon, Ceres, Heidelberg, Hermanus, Laingsburg, Montague, Robertson, Swellendam, Tulbagh and Worcester.

 

Note: The above Magisterial Districts are defined in terms of the 2001 demarcations.

In the event of any Magisterial District being omitted from the above, the Council shall determine under which Area such district should be placed.

 

"artisan"

means an employee who has completed his training in terms of the Manpower Training Act, 1981, or is in possession of a certificate issued by a relevant SETA or by the former Electrical Contracting Industries Training Board recognising that he has received training sufficient to entitle such an employee to work as an artisan in the Industry;

 

"Building Industry"

without in any way limiting the ordinary meaning of the expression, means the industry in which employers and their employees are associated for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings and structures and/or making articles for use in erecting, completing or altering buildings and 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, and includes all work executed or carried out by persons who are engaged in the trades, activities or subdivisions in the Building Industry excluding the Electrical Industry.

 

"Collective Agreement"

means any collective agreement concluded by the parties to the Council and published by the Minister of Labour.

 

"Council"

means the National Bargaining Council for the Electrical Industry of South Africa;

 

"domestic appliance mechanic (DAM)" or "refrigeration mechanic"

means an employee engaged in one or more of the following classes of work:

diagnosing faults in, or directing or executing repairs or adjustments to, or servicing, assembling, erecting and/or installing ranges, refrigerators, washing machines, ironers, air-conditioning units and all other major electrical appliances, carrying out final tests or supervising of such operations, but does not include an employee engaged in connecting to existing outlets, refrigerators, ranges, or other domestic electrical appliances;

 

"domestic appliance repairer (DAR)"

(Areas J and K only) means an employee engaged in—

 

"driver"

means an employee engaged in driving a mechanical vehicle on a public road who is in possession of a valid driver"s licence issued under any Road Traffic Ordinance;

 

"electrical assistant"

means an employee who is engaged in any or all of the following tasks:

 

"electrical construction operator level 1"

(hereinafter referred to as "Elconop 1") means an employee who has received on-the-job training by the employer and who undertakes any of the following tasks and who may use the tools necessary to perform such tasks:

 

"electrical construction operator, level 2"

(hereinafter referred to as "Elconop 2") means an employee, who has attended the prescribed formal training course at an institutionalised training centre accredited by a relevant Sector Education Training Authority (SETA), has undergone on-the-job training and has successfully passed the examination for Elconop 2 at an institutionalised training centre recognised by the Council and accredited by a relevant SETA, and who may be engaged in any or all of the following tasks, and may use the tools necessary to perform such tasks: Provided such tasks are carried out only on new installations or on major renovations to structures or buildings from which the power has been disconnected from the main supply, and are carried out under the supervision of a master installation electrician, an installation electrician, an electrical tester for single-phase, an electrician /artisan or an Elconop 3—

 

"electrical construction operator level 3"

"electrical construction operator level 3 "(hereinafter referred to as "Elconop 3") means an employee who has been employed in the Industry as an Elconop 2 for a continuous period of at least 12 months and has attended the prescribed formal training course at an institutionalised training centre accredited by a relevant Sector Education Training Authority (SETA), has undergone on-the-job training and has successfully passed the examination for Elconop 3 at an institutionalised training centre recognised by the Council and accredited by a relevant SETA, or who is in possession of a registration card issued by the Council recognising him as an Elconop 3 and who may be engaged in any or all of the following tasks, and may use the tools necessary to perform such tasks:"

 

"electrical contractor"

means a person who undertakes to perform electrical installation work on behalf of any other person, but excludes an employee of such first mentioned person;

 

"Electrical Engineering Industry"

means the industry concerned with—

 

"Electrical Industry" or "Industry"

means the industry in which employers and their employees are associated for any or all of the following—

Provided that - the Electrical Industry, as defined above, shall not include the Iron, Steel, Engineering and Metallurgical Industry, the Local Authority Undertaking and the Building Industry as defined in the Council"s certificate of registration. ;

 

"electrical installation"

means any machinery, in or on any premises, used for the transmission of electricity from a point of control to a point of consumption anywhere on the premises, including any article forming part of such an installation irrespective of whether or not it is part of the electrical circuit, but excluding—

 

"electrical tester for single -phase"

means a person who has been registered as an electrical tester for single -phase in terms of either the Electrical Installation Regulations 1992 or 2009 made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of electrical installations supplied by a single -phase electricity supply at the point of control; excluding specialised electrical installations,

 

"electrical wiring"

means the design, installation, alteration, repair or testing of any cable, conductor, fitting, apparatus or conduit used or intended to be used for purposes integral or incidental to the supply and/or consumption of electricity;

 

"electrician"

means an employee who has completed an apprenticeship in terms of either the former Manpower Training Act, 1981 in a trade relevant to the Industry, or who has received training recognised by a relevant SETA as being sufficient to entitle him to work as an electrician in the Industry;

 

"employee"

means any person employed on any of the classes of work defined in this Agreement and includes a person employed under a contract of apprenticeship recognised by the Council;

 

"employer"

means any person 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, and includes temporary employment services as defined in the Act;

 

"establishment"

means any place where the Industry or any part thereof, as herein defined, is carried on, including the place where the employer normally carries on his business and where his wage records are kept.

 

"fixed term contract"

means a contract of employment which terminates on the occurrence of a specified event, the completion of a specified task or project, or on a fixed date other than an employee"s normal or agreed -upon retirement age.

 

"foreman"

means an electrician or artisan who has been appointed by his employer to supervise work defined in this Agreement: Provided that such employee may also be required to undertake electrical installation work himself if so required by his employer;

 

"general assistant"

means an employee who

 

"independent appeals body"

means any person or persons appointed by the Council in terms of Section 32 of the Labour Relations Act 66 of 1995, as amended, from an accredited institution, to hear and decide any appeal brought against the Council"s refusal of a non-party"s or a party"s application for exemption from the provisions of the collective agreement and the withdrawal of such an exemption by the Council.

 

"installation electrician"

means a person who has been registered as an installation electrician in terms of the Electrical Installation Regulations, 1992 or 2009, made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of any electrical installation, excluding specialised electrical installations;

 

"installation work"

means—

 

"Iron, Steel, Engineering and Metallurgical Industry"

means (subject to the provisions of any Demarcation Determinations made in terms of section 76 of the Labour Relations Act, 1956, and section 62 of the Labour Relations Act, 1995), the industry concerned with the production of iron and/or steel and/or the processing and/or recovery and/or refining of metals (other than precious metals) and/or alloys from dross and/or scrap and/or residues; t

he maintenance, fabrication, erection or assembly, construction, alteration, replacement or repair of any machine, vehicle (other than a motor vehicle) or article consisting mainly of metal (other than precious metals) or parts or components thereof and structural metal work, including steel reinforcement work; the manufacture of metal goods principally from such iron and/or steel and/or other metals (other than precious metals) and/or alloys and/or the finishing of metal goods; the building and/or alteration and/or repair of boats and/or ships, including the scraping, chipping and/or scaling and/or painting of the hulls of boats and/or ships; and general woodwork undertaken in connection with ship repairs, and includes the Electrical Engineering Industry;

 

"Local Authority Undertaking"

means the undertaking in which employers and their employees are associated for the introduction, continuation, or completion of any action, scheme or activity undertaken by a local authority: Provided that for the purposes hereof the Electrical Industry as defined above shall not include work performed by a local authority exclusively for local authority purposes, but shall include all work performed on the property of a local authority by a registered electrical contractor or his employees or any other person who is not an employee of a local authority: Provided further that the Local Authority Undertaking shall not include the activities of the Electrical Industry;

 

"Main Agreement"

means the Main Collective Agreement of the National Bargaining Council for the Electrical Industry of South Africa as amended and extended from time to time in which wages and other conditions of service are specified;

 

"master installation electrician"

means a person who has been registered as a master installation electrician in terms of the Electrical Installation Regulations, 1992 or 2009, made under the Occupational Health and Safety Act, 1993, and who has been approved by the chief inspector for the verification and certification of the construction, testing and inspection of any electrical installation;

 

"member"

means an employee for whom membership of the Funds is provided in terms of clauses 7(4), 8(3) and 9(3);

 

"PFA"

means the Pension Funds Act 24 of 1956, as amended from time to time.

 

"Region A"

means the Provinces of Gauteng, Limpopo, Mpumalanga, and North West Province,

 

"Region Al"

means the Free State /Northern Cape Region incorporating the Provinces of the Free State and the Northern Cape but excludes the Magisterial Districts of Calvinia , Namaqualand and Sutherland in the Northern Cape.

 

"Region B"

means the Eastern / Southern Cape Region incorporating the Province of the Eastern Cape and the Magisterial Districts of Beaufort West, Calitzdorp, George, Knysna, Ladismith, Masse! Bay, Murraysburg, Oudshoom, Prince Albert, and Uniondale in the Western Cape Province but excludes the Magisterial District of Umzimkulu in the Eastern Cape.

 

"Region C"

means the Province of Kwazulu Natal and the Magisterial District of Umzimkulu in the Eastern Cape.

 

"Region D"

means the Province of the Western Cape and the Magisterial Districts of Calvinia, Namaqualand and Sutherland in the Northern Cape but excludes the Magisterial Districts of Beaufort West, Calitzdorp, George, Knysna, Ladismith, Mossel Bay, Murraysburg, Oudshoorn, Prince Albert , Riversdale and Uniondale in the Western Cape .

 

"the Regional Exemption Committee"

means the exemption Committee appointed by the Regional Committee of the Council.

 

"the Registrar"

means the Registrar of Pension Funds.

 

"Rules"

means the rules referred to in clauses 8(7)(a), 9(6) and 10(6)(a) of this Agreement.

 

"Storeman"

means an employee who is engaged in any or all of the following tasks;

 

"Trustee Board"

means the trustee board established in terms of the rules of the respective Pension and Provident Funds.