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

Notices

Bargaining Council for the Laundry Cleaning and Dyeing Industry

Kwa Zulu Natal

Extension to Non-Parties of the Main Collective Agreement

Part H : General

44. Definitions

 

Any expressions used in this Agreement which are defined in the Labour Relations Act,1995, shall have the same meaning as in that Act, any reference to any Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall also include females; further, unless inconsistent with the context—

 

"Act"

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

 

"boiler attendant"

means a person who is responsible for firing a boiler and maintaining the water level and steam pressure and attending to maintenance, cleanliness and safety, and may be assisted by a fellow employee who shovels coal;

 

"casual" or "casual employee"

means an employee who is employed by the same employer for not more than three days in any week;

 

"canvasser/collector"

means a person who represents the establishment and invites, solicits or canvasses orders for goods to be laundered, cleaned or dyed, and may deliver goods to customers, issue dockets and accept payment;

 

"checker/packer"

means a person who checks article against customers "list or firms" invoices, makes up orders, assembles, wraps and parcels up articles, mass-measure and/or counts and records quantities, books out parcels and/or completes stereotyped forms for costing and records purposes;

 

"counterhand"

means a person who receives, checks, dockets, tags garments and docket, notes fabrics, blemishes, labels and sends them to plant and delivers completed job to customer on production of duplicate slip and collects payment;

 

"council"

means the Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Kwa Zulu Natal);

 

"dependant"

means a person in respect of whom the member is legally liable for maintenance;

 

"depot" or "receiving depot"

means any premises or portion of any premises to which the public has access, in which the business of receiving or collecting articles for dry-cleaning, dyeing or laundering or distributing or delivering articles which have been dry-cleaned, dyed or laundered, is carried on, and includes a stationary vehicle used for this purpose;

 

"depot supervisor"

means a person who receives, checks, dockets, tags garment and docket notes fabrics, blemishes, labels and send them to plant, delivers completed job to customer on production of duplicate slip and collects payment; deals with customers, cashes up, does banking, opens and closes premises and supervises other employees;

 

"dry cleaner"

A facility or premises designed to clean clothing, fabric etc with a solvent, other than water such as white spirits, or percehlorythene.

 

"dry-cleaning finishing hand"

means a person who irons, presses or steams articles to shape after they have been dry-cleaned, operates up to four machines simultaneously and carries out adjustments to such machine and conducts first-line quality control;

 

"electric laundry"

is a laundry where the washing process is heated with electrical elements

 

"establishment"

means any premises in or in connection with the one or more employees are engaged in the industry;

 

"factory clerk"

means a person who check dockets, pricing and missing dockets and totals daily agency dockets (computer or book).

 

"front person"

means a person who receives/issues laundry/dry cleaning, takes cash, supplies token or dockets, load machines with laundry and answers the phone;

 

"fund"

means the Provident Fund for the Laundry, Cleaning and Dyeing Industry (Kwa-Zulu Natal) continued by and under this Agreement;

 

"handyman"

means a person who makes minor repairs and adjustments to machinery, plant, building or other equipment under the direction of an artisan;

 

"heavy-duty van driver"

means a person who checks and drives vehicles, collects and deliver goods, is responsible for vehicle and goods, could handle cash, accounts, etc, cleans van and may keep a logbook;

 

"in-house laundries"

means laundries that are based within commercial sites that do commercial work for those establishments where those articles are laundered, cleaned or dyed i.e. hotels, hospitals, bed & breakfast establishments and old age homes.

 

"invisible mender"

means a person who mends or repairs articles made of woven or knitted material by hand or machine using the stoating, fine-drawing or rentering processes as required;

 

"ironer"

means a person who irons or presses articles that have been laundered with flat iron or electrically-operated roller, and who may fold, clean machines' etc.;

 

"labourer"

means a person who does manual tasks under direction/supervision, and may assist an artisan, boilerman, etc.;

 

"laundry finishing hand"

means a person who irons or presses articles that have been laundered, and provides first-line quality checks;

 

"Laundry, Cleaning and Dyeing Industry"

means without in any way limiting the ordinary meaning of the expression, the industry carried on in establishments, Laundromats/laundrette, in-house laundries within commercial sites where articles are laundered, cleaned or dyed to the order of customers, and shall include depots and/or vehicles where such articles are received in order to be laundered, cleaned or dyed to the customers.

 

"Laundromats/Laundrette"

is an established engaged in the washing, drying and ironing of primary domestic laundry, through coin/token operated automatic machines, using no steam from fuel fired boilers, and available for public use;

 

"In-house laundries"

means laundries that are based within commercial sites that do commercial work for those establishments where articles are laundered, cleaned or dyed.

 

"machine hand"

means a person who feeds work into or out of a machine such as a calendar, tumbler, extractor, etc';

 

"machine operator (washing/dry-cleaning or carpet)"

means a person who operates and cleans one or more of the above machines, and who could also do the work of a sorter, spotter or quality checker;

 

"Management Committee" or "Committee"

means the Committee appointed to administer the Provident Fund in accordance with the provisions of this Agreement;

 

"marker"

means a person who marks articles, either manually or mechanically, for identification;

 

"member"

means every employee who has been employed in the Industry continuously by the same employer for not less than one month and who works in a job category for which wages are prescribed in the Agreement, excluding casual employees;

 

"nominee"

means any person appointed by a member and to whom any benefits accruing to such member in the event of his death shall be paid in the absence of any dependants;

 

"plain sewer"

means a person who makes simple alterations and/or repairs garments or other articles;

 

"quality controller"

means a person who examines articles for faults and/or blemishes before or after cleaning and decides what process is necessary to remedy the problem to prescribed standards;

 

"retirement date"

means—

(a) the last day of the month in which a member reaches the retirement age and retires from service in the Industry;
(b) the last day of the month in which a member who is over the retirement age must terminate his service in the Industry;
(c) the last day of the month in which a member must terminate his service in the Industry owing to ill-health or permanent disability.

 

"retirement age" means the age 65;

 

"Rules"

means the rules made by the Council for the Provident Fund;

 

"same employer"

includes "one employer" and "same establishment", and means the same employer firm, whether or not such firm changes ownership as a going concern, or changes name or location during the period of service of the employee;

 

"scooter driver"

means a person who drives a two-wheeled vehicle used to deliver and collect goods, letters, cheques, etc.;

 

"security guard"

means a person who guards premises or other property by day or night, and conducts routine patrols and/or gate control;

 

"short time"

means a temporary reduction in the number of ordinary hours of work of an employee owing to a general breakdown of plant or machinery or a threatened breakdown of buildings caused by accident or unforeseen emergency or to slackness of trade or shortage of raw material;

 

"Small business"

means a separate and distinct business entity, managed by one owner or more which including its branches or subsidiaries operating in the Laundry, Cleaning and Dyeing Industry (Kwa Zulu Natal) which is classified as micro, a very small, a small or medium enterprises in accordance with the descriptive matrix below:

 


Number of full times employees

Micro

Up to 5

Very small

Up to 20

Small

Up to 50

Medium

Up to 200

 

"spotter"

means a person who is solely engaged in spotting and/or the removal of stains from articles before, during or after cleaning, with a high level of expertise in the correct use of solvents, etc.;

 

"steam boiler"

is a specifically designed pressure vessel that is designed to withstand a working pressure of steam at 6.9bar;

 

"steam laundry"

is a laundry that has washing machine(s) connected via high pressure steam pipes to a steam boiler;

 

"sorter"

means a person who sorts articles, either before or after cleaning, according to their colours, types and identification;

 

"van assistant"

means a person who does not drive, but fetches, carries, loads, unloads, checks loads, contents, numbers, etc, answers to driver and helps clean the van;

 

"van driver"

means a person who checks and drives vehicles, collects and delivers goods, is responsible for van and goods, could handle cash, accounts, etc, cleans vans and may keep a log book;

 

"wage"

means that portion of remuneration payable to an employee in money in respect of his ordinary hours of work prescribed in clause 3 or such higher amount as an employer regularly pays an employee in respect of his ordinary hours of work.