Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Motor Industry Provident Fund Collective AgreementExtension to Non-Parties of the Motor Industry Provident Fund Collective AgreementClause 3: Definitions |
Any expressions used in this Agreement and which are defined in the Labour Relations Act, 1995 and Pension Fund Act, as amended from time to time and the Main Agreement shall have the meanings assigned to them in the Act and that Agreement, references to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females and vice versa; further, unless inconsistent with the context—
"Act"
means the Labour Relations Act, 1995 (Act 66 of 1995); as amended from time to time.
means the Agreement entered into between the parties for the administration of the Council as published in terms of a Government Gazette and any subsequent renewals and/or amendments thereto.
"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 as well as a learner in terms of Chapter IV of the Skills Development Act, Act No. 97 of 1998;
"Council"
means the Motor Industry Bargaining Council - MIBCO, registered in terms of section 29 of the Act;
"Division B employees"
means those employees as defined in the Main Agreement from time to time.
"Establishment"
means any premises or part thereof in or on which activities in the Motor Industry or part thereof are conducted;
"FSCA"
means the Financial Sector Conduct Authority, as defined by the Financial Sector Regulation Act, No. 9 of 2017 (as amended);
"Fund"
means the Motor Industry Provident Fund, established in terms of the rules of the Fund for the purpose of providing lump sum benefits or annuities for employees in the Motor Industry or for the dependents of such employees on the death of such employees;
"Grade 7 employees"
mean those employees as defined in the Main Agreement from time to time;
"Grade 8 employees"
mean those employees as defined in the Main Agreement from time to time;
means the Board established by the Council in terms of section 32 of the Act, to consider appeals from non-parties against the refusal of a non-party's application for exemption from the provisions of this Agreement and the withdrawal of such an exemption by the Council.
"Main Agreement"
means the Agreement in which wages and other conditions of service are specified for employees in the Motor Industry, as published in terms of section 32 of the Act;
"MIFA"
means the Motor Industry Fund Administrator in terms of section 13 of the Pension Funds Act, Act no. 24 of 1956 as amended, for this fund;
means the Motor Industry Retirement Fund in terms of the Pension Funds Act, Act no. 24 of 1956 as amended, for this fund.
"Motor Industry" or "Industry"
means the Motor Industry as defined in the Main Agreement from time to time.
means the wage threshold determined and published by the Minister of Employment and Labour as amended in the Basic Conditions of Employment Act.
"PFA"
means the Pension Funds Act 24 of 1956, as amended, from time to time;
(Ruth to provide definitions of all four Agreements)
"Pensionable remuneration"
means the amount which an employer would normally and/or regularly pay to an employee, either weekly or monthly, in respect of the ordinary hours required to complete either a full normal week or month, as the case may be, and does not include remuneration which an employee who is employed on a piece work basis receives over and above the amount he would have received if he had not been employed on such basis, but includes commission received on the sale of goods; provided, however, that all commission received in excess of R11 336.44 per month shall be excluded, unless the employer an employee jointly agree that contributions shall be paid on commission earnings in excess of the aforementioned limitation;
means an employee over the age of 22 who is able to prove not less than three years' experience in a trade designated for the Motor Industry or, with the approval of the Regional Council concerned, experience in some other trade, and who under the supervision of an artisan performs work in the designated trade in which he has had the experience or, with the approval of the Regional Council concerned, in some other trade related to the activities covered by the definition of "Motor Industry" in this Agreement, or an employee who is able to prove to the satisfaction of the Regional Council concerned not less than three-and-a-half years' experience as a repair shop assistant, body shop assistant or diesel pump room assistant with any employer in the "Motor Industry' as defined.
[Note: Regarding the proof required of three-and-a-half years' experience, a certificate of service shall be issued by the employer in which it is certified that the employee concerned had served either as a repair shop assistant, body shop assistant, motor cycle mechanic's assistant, auto electrician's assistant or diesel pump room assistant, which certificate in turn shall be verified by the Regional Council concerned, and the employee shall submit proof of having attended the proper course at a duly registered group training centre].
"Region EC"
means those areas defined as "Area Eastern Cape";
"Region KZN"
means those areas as defined "Area KwaZulu-Natal";
"Region FS & NC"
means those areas defined as "Area Free State & Northern Cape";
"Region HVLD"
means those areas defined as "Area Highveld";
"Region NR"
means those areas defined as "Area Northern Region";
"Region WP"
means those areas defined as "Area Western Cape";
"Regional Council"
means a committee appointed as such by the Council in terms of its Constitution;
"Retirement Age"
means 65 years.
"Voluntary member"
means a person admitted to membership by a Regional Council in terms of clause 5 of this Agreement;
"Week"
means a period of seven consecutive days commencing at midnight on a Sunday.