2023 Main Collective Agreement 2023 Unplublished
2023 Main Collective Agreement 2023 Unplublished
ADDENDUM 3 - Tiers
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ANNEXURE
(hereinafter referred to as the "employees" or the "trade union"), of the other part,
being the parties to the National Bargaining Council for the Electrical Industry of South
Africa.
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PART I
TABLE OF CONTENTS
CLAUSE PAGE
1. SCOPE OF APPLICATION 6
2. PERIOD OF OPERATION 6
3. INDUSTRIAL ACTION 7
4. DEFINITIONS 7
5. LEVELS OF BARGAINING 21
7. REFRESHMENTS BREAK 23
9. NIGHT WORK 26
12 LAY – OFF 28
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21. ADOPTION LEAVE, COMMISSIONING PARENTAL LEAVE
AND PARENTAL LEAVE 36
29. INTEREST 41
36. OUTWORK 49
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43. FIRST-AID 52
49. EXEMPTIONS 54
54. GENERAL 67
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.
1. SCOPE OF APPLICATION
(a) by all employers and employees in the Electrical Industry who are members
of the employers’ organisation and trade union, respectively, who are
engaged or employed in the Industry,
(b) throughout the whole of the Republic of South Africa, excluding the
Magisterial District of Kimberley, within a radius of 20 kilometres from the
General Post Office, Kimberley.
(2) Notwithstanding the provisions of sub-clause 1(1), the terms of this Agreement
shall apply to apprentices and learners only in so far as they are not inconsistent
with the provisions of the Skills Development Act, 1998, or any conditions
prescribed, or any notices served in terms thereof.
(3) For the purposes of this Agreement, the "rate of remuneration" of learners
prescribed under the Skills Development Act, 1998, shall be taken to be the
weekly wage of such employees, and the "hourly rate" shall be the weekly wage
calculated as above, divided by the number of ordinary hours worked in the
establishment concerned.
2. PERIOD OF OPERATION
(1) The Agreement will commence the date of publication in terms of Section 32 of
the LRA, as amended, and shall remain in force until and including 28 February
2029.
(2) The Parties to the Council acknowledges that commencing the Agreement on
the 1st of March 2023 deprives the employees of one month’s wage increase in
the new Collective Agreement cycle. To this end, the Parties agreed to the
provisions set out in Clause 5(4) Part II of this Agreement.
(3) Should the Agreement be published later than 1 February 2023, the agreed
wage increment for the 1st year of the Agreement shall be implemented from 1
February 2023. The adjustment factor for the closing of the wage gap shall be
implemented from the date of publication of the new Agreement.
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3. INDUSTRIAL ACTION
4. DEFINITIONS
In this Agreement the masculine pronoun shall include the feminine and neuter, and
the singular the plural, where the context so indicates.
Any expressions used in this Agreement which are defined in the Labour Relations
Act, 1995, shall have the same meaning as in that Act, and any reference in this
Agreement to an Act shall include any amendments to such Act; further, and unless
the context otherwise indicates –
“abscond” means the absence from work of an employee for a period in excess of
four consecutive working days without the employer being informed or notified of the
reasons therefore, or the desertion by an employee of his employment for reasons
unknown to the employer.
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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”.
“artisan” means an employee who has completed his training in terms of the former
Manpower Training Act, 1981, or is in possession of a certificate issued in terms of the
Skills Development Act 1998, as amended, 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.
“civil disorder” means the concerted action of a number of people, not employed by
the employer, to disrupt, for any purpose whatsoever, the normal activities of the
employer at his place of business or any working site, or to prevent employees either
from reaching such place of business or working site or from commencing or
continuing to work.
“Council” means the National Bargaining Council for the Electrical Industry of South
Africa.
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(ii) repairing and/or replacing ceramic or other insulating spacers, including
fixing;
(iv) removing and/or replacing motors not exceeding 750 watts at the direction
of an artisan, excluding final testing;
(b) any or all of the operations carried out in connection with the installation of
burglar or other similar alarm systems –
(a) digging holes and trenches, planting poles, and laying cables in trenches;
(b) chasing and cutting walls and concrete floors for conduit;
(d) stripping redundant installations and equipment incidental thereto from which the
supply cables have been removed;
(g) installing and fixing of flush and surface mounted wireways, PV support
structures, and ancillary equipment thereto;
(h) installing cables including the fitting of glands, making off and securing such
cables, but excluding the connection thereof;
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(k) assisting a master installation electrician, an installation electrician, an electrical
tester for single-phase, an electrician, an artisan, a domestic appliance
mechanic, a domestic appliance repairer and an Elconop 1, Elconop 2 or
Elconop 3, but not performing any work individually except as set out in (a), (e),
(f) and (J) above.
(a) installing and fixing of flush and surface mounted wire ways, PV support
structures, and ancillary equipment incidental thereto;
(b) installing of cables including the fitting of glands, making off and securing of such
cables but excluding the connection thereof;
(b) installing and connecting of lighting, cooker, water heater, PV systems, low
voltage systems and DC systems including systemised and/or innovative wiring
systems, the connection of distribution boards and inverters;
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(d) jointing of cables using epoxy or other approved means, as well as the
connection of such cables on installations where the supply has been switched
off;
(a) installing, wiring, and assembling main and sub-main distribution boards and
inverter systems;
(d) installation, maintenance, and repairs of single and three phase motor and
starter circuits;
(f) connection of transformers and ancillary circuits (such as CT’s PT’s low voltage
lighting etc.);
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“Electrical Engineering Industry” means the industry concerned with
(a) the manufacture and/or assembly from component parts of electrical equipment,
namely generators, motors, converters, switch and control gear (including relays,
contactors, electrical instruments and equipment associated therewith), electrical
lighting, heating, cooking, refrigeration and cooling equipment, transformers,
furnace equipment, signalling equipment, radio or electronic equipment,
including monitors and other equipment utilising the principles used in the
operation of radio and electronic equipment, the latter equipment includes, but is
not limited to, television and incandescent lamps, and electric cables and
domestic electrical appliances, and further includes the manufacture of
component parts of the aforementioned equipment;
(b) the installation, maintenance, repair and servicing of the equipment referred to in
sub-clause (a) above but does not include the activities of the Electrical Industry.
“Electrical Industry” or “Industry” means the industry in which employers and their
employees are associated for any or all of the following:
(a) the design, preparation, erection, installation, repair and maintenance of all
electrical equipment forming an integral and permanent part of buildings and/or
structures, including any wiring, cable jointing and laying and electrical overhead
line construction, and all other operations incidental thereto, whether the work is
performed or the material is prepared on the site of the buildings or structures or
elsewhere;
(b) the design, preparation, erection, installation, repair, and maintenance of all
electrical equipment incidental to the purpose for which a building and/or
structure is used, including any wiring, cable jointing and laying and electrical
overhead line construction, and all other operations incidental thereto, whether
the work is performed, or the material prepared on the site of the buildings or
structures or elsewhere;
(c) the design, preparation, erection, installation, repair, and maintenance of all
electrical equipment incidental to the construction, alteration, repair, and
maintenance of buildings and/or structures, including any wiring, cable jointing
and laying and electrical overhead line construction, and all other operations
incidental thereto, whether the work is performed, or the material prepared on
the site of the buildings or structures or elsewhere;
(d) the design, preparation, erection, installation, repair, and maintenance of all
electrical equipment not covered by (a), (b) or (c) above, including any wiring,
cable jointing and laying and electrical overhead line construction, and all other
operations incidental thereto, whether the work is performed, or the material
prepared on the site of the buildings or structures or elsewhere;
(e) the installation and/or maintenance and/or repair and/or servicing of overhead
lines and underground cables associated with domestic and/or industrial and/or
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commercial installations and/or street lighting: Provided that such installation is
beyond the supply authorities point of supply.
(ab) generators, motors, converters, switch, and control gear (including relays,
contactors, electrical instruments, and equipment associated therewith),
electrical lighting, heating, cooking, refrigeration and cooling equipment,
primary and secondary cells and batteries, transformers, furnace
equipment, radio sets and allied electrical apparatus, signalling equipment
and other equipment utilising the principles used in the operation of radio or
electronic equipment.
(ii) design, preparation, erection, installation, repair, and maintenance does not
include -
(ad) the manufacture, repair and servicing of motor vehicle batteries, the
manufacture of lead-acid batteries and the repair, maintenance and
installation of such batteries when performed by the manufacturers thereof;
and
(ae) the sale, and/or repair and/or servicing of manual and/or electrical
typewriters and/or electro-mechanical office machines and equipment.
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 -
(a) any machinery of the supplier related to the supply of electricity on the premises;
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(b) any machinery which transmits electrical energy in communication, control
circuits, television, or radio circuits;
(d) control circuits of 50V or less between different parts of machinery or system
components, forming a unit, that are separately installed and derived from an
independent source or an isolating transformer.
“electrical tester for single-phase” means a person who has been registered as an
electrical tester for single-phase in terms of the Electrical Installation Regulations 2009
made under the Occupational Health and Safety Act, 1993.
“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.
“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 the place where the employer normally carries on his
business and where his wage records are kept.
“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.
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“general assistant” means an employee who
(i) digging holes and trenches, planting poles, and laying and pulling cables in
trenches and wireways:
(ii) chasing and cutting walls and concrete floors for conduit, providing no
power tools are used;
(i) no such employee shall be employed for a total period exceeding 4 months
in any calendar year, with the same employer;
(ii) the prescribed minimum wage rate of an employee shall not be less than
75% of the prescribed minimum wage rate of an Electrical Assistant;
(iii) all general assistants shall be included in the Council’s monthly return
forms and an employer shall be required to pay over to the Council all
applicable employer and employee contributions and subscriptions in terms
of the Council’s Collective Agreements excluding pension/provident fund,
sick benefit fund and risk benefits.
“general control” in relation to electrical installation work that is being carried out,
includes instruction, guidance, and supervision in respect of that work.
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(c) the inspection, testing, and verification of electrical installations for the purpose
of issuing a certificate of compliance.
“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.
“lock-up” means any vehicle shed, room, workshop, factory, or similar place,
constructed of four walls and a roof, composed of concrete, brickwork, wood, iron, or
any combination thereof, which can be securely locked, the whole to be so
constructed as to provide a place of safe-keeping at any time of employees' tools and
clothes and all other tools issued to them by the employer.
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approved by the chief inspector for the verification and certification of the construction,
testing, and inspection of any electrical installation.
“no-fault dismissal” means the dismissal of an employee for reasons including but
not limited to operational requirements, incapacity due to ill health, liquidation of the
firm or insolvency of the individual.
“piece work” means any system under which the minimum wage to which an
employee is entitled is calculated solely on the quantity or output of work done,
irrespective of the time spent on such work.
“premises” means any land and any building or structure, or part thereof, above or
below the surface of any land and includes any vehicle, aircraft, or vessel.
“public holiday” means any day that is a public holiday as determined in the Public
Holidays Act 36 of 1994.
“region A” means the Provinces of Gauteng, Limpopo, Mpumalanga, and North West
Province.
“region A1” 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, Mossel Bay, Murraysburg, Oudshoorn, 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.
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“remuneration” means any payment in money or in kind, or both in money and in
kind, made or owing to any person in return for that person’s working for any other
person, and "remunerate" has a corresponding meaning and for the purposes of
calculating an employee's annual leave pay, notice pay or severance pay, an
employee's remuneration.
(a) includes the cash value of any payment in kind that forms part of the employee's
remuneration unless the employee receives that payment in kind and includes:
(ii) car allowance or provision of a car, except to the extent that the car is
provided to enable the employee to work;
(iv) any other payment in kind received by an employee, except those listed as
exclusions below;
(b) excludes:
(i) Any cash payment or payment in kind provided to enable the employee to
work (for example, an equipment, tool or similar allowance or the provision
of a transport allowance to enable the employee to travel to and from work);
(iii) Gratuities (for example, tips received from customers) and gifts from the
employer;
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“SAQA” means the South African Qualifications Authority under the National
Qualifications Framework Act 67 of 2008.
“SETA” means the Sector Education and Training Authority established in terms of
Section 9(1) of the Skills Development Act, 1998.
“short time” means the implementation of reduced working time i.e., lesser number
of ordinary hours per day and/or lesser number of days per week, owing to a shortage
of work and /or materials and any other justifiable contingencies and/or unforeseen
contingencies and/or circumstances beyond the control of the employer.
“storeman” means an employee who is engaged in any or all of the following tasks:
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“temporary employment service” means any person who, for reward, procures for
or provides to a client, other persons who render services to, or perform work for, the
client and who are remunerated by the temporary employment service.
“temporary service” is work for a client by an employee for a period not exceeding
three (3) months:
(b) in a category of work and for any period of time which is determined to be a
temporary service by a Collective Agreement concluded in a bargaining council.
“Tier” means:
Note: In the event of any municipal area being omitted from the above, the Council
shall determine under which Tier such municipal area should be placed.
“wage” means the hourly rate prescribed in Clause 4 Part II of this Agreement:
Provided that where an employer regularly pays an employee an amount higher than
that prescribed in the said clause, it shall mean such higher amount.
“wireways” means cable trays or any enclosed casing for containing wires, cables, or
busbars.
“working day” means any day, other than a Saturday, a Sunday, or a public holiday.
“workplace” means the place or places where the employees of an employer work. If
an employer carries on or conducts two or more operations that are independent of
one another by reason of their size, function or organisation, the place, or places
where employees work in connection with each independent operation, constitutes the
workplace for that operation.
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5. LEVELS OF BARGAINING
The Council shall be the only forum for negotiating all matters pertaining to this
Agreement.
(1)
(a) Subject to the provisions of Clause 8 and 8A of this Agreement, no
employer shall require or permit any employee to work-
(i) for more than nine (9) hours in any one day, Mondays to Fridays;
(ii) for more than forty-four (44) hours in any one week;
(iii) for more than five days in any one (1) week, Mondays to Fridays;
(i) for more than forty-four (44) hours in any one week;
(ii) for more than nine (9) hours in any one day;
(iii) for more than five (5) days in any one week, Mondays to Fridays;
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(iv) on a Saturday or Sunday;
(c) Any employer at the date of coming into operation of this Agreement, and
that is operating as a business, may maintain or by agreement with the
majority of the employees elect to vary its current working hours but may
not require or permit an employee to work –
(i) for more than forty-four (44) hours in any one week;
(ii) for more than nine (9) hours in any one day;
(iii) for more than five days in any one (1) week, Mondays to Fridays;
(d) Any employer that is operating as a business as at the date of coming into
operation of this Agreement, must declare its normal working hours to the
Council. Should it fail to do so, contributions to benefit funds and all levies
shall be calculated based on a normal work week of 44 hours.
(2) An employer may, to facilitate the keeping of a record of the starting and
stopping time and hours of work of his employees, require them to clock in and
out of work and may, before paying any employee any wages and/or
remuneration for any period not recorded by the clock, require the employee to
show satisfactory proof of having been at work: Provided that an employee shall
be paid in terms of this Agreement for any time recorded by the clock which falls
within the starting and finishing time of the shift for that day of the week,
excluding meal intervals as notified by the employer to his employees in terms of
Clause 46(3) of this Agreement and for all time which he is required by the
employer to work which does not fall within such starting and finishing times.
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7. REFRESHMENTS BREAK
Every employer shall allow employees a period not exceeding 10 minutes in the
morning and again in the afternoon to partake of refreshments, the times for such
intervals to be agreed upon between the employer and the employees. No employee
may leave the site where he is working to partake of refreshments. Such rest interval
shall be deemed to be part of the ordinary hours of work of the employee concerned:
Provided that should the place of work fall under the provisions of the Construction
Regulations, 2014 and the employees are required to proceed to a designated
refreshment area to partake of refreshments, the employer may waive the morning
and afternoon breaks but shall permit the employees to have an additional 20 minutes
for the meal interval, which shall be deemed to be the ordinary hours of work of the
employees.
(1) Unless otherwise authorised by the Council, the maximum overtime that may be
worked shall not exceed 10 hours per week.
(2) Overtime shall be voluntary and any employee who works any time in excess of
or outside the hours prescribed in Clause 6 of this Agreement shall be paid at the
rate of -
(a) one and a half times his hourly rate of wages for every hour or part of an
hour worked after ordinary hours of work on any day from Monday to Friday
or for every hour or part of an hour for all hours worked on a Saturday;
(b) double his hourly rate of wages for every hour or part of an hour for all
hours worked on a Sunday;
(c) for paid public holidays which fall on a day on which the employee would
ordinarily work in terms of Clause 25(1)(b) of this Agreement, his full day's
wages plus his normal hourly rate of wages for every hour or part of an
hour for the actual time worked on that day;
(d) for paid public holidays which fall on a day on which the employee would
not ordinarily work, double his hourly rate of wages for every hour or part of
an hour for all hours worked;
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(3) Notwithstanding the provisions of sub-clause 8(1), where in any one week an
employee absents himself from work during any or all of the ordinary hours of
work as prescribed in Clause 6 hereof, such ordinary hours not worked by the
employee shall be deducted from the hours of overtime worked and the hours so
deducted shall be paid for at the employee's ordinary rate, provided that:
(i) if the number of ordinary hours of work on which the employee is absent in
any one week is in excess of the number of overtime hours worked, all such
overtime hours shall be paid for at the employee's ordinary hourly rate;
(ii) any overtime worked on a Saturday shall be deemed to be included for the
purposes of this sub-clause;
(iii) where an employee is absent from work with permission, or is absent due
to any statutory leave entitlement, the provisions of this sub-clause shall not
apply, and the overtime hours worked in such case shall be paid for at the
overtime rate applicable to the overtime hours worked: Provided that any
employer may call on an employee to provide reasonable proof of cause of
absence including but not limited to, a medical certificate, birth certificate,
certificate from a clinic or death certificate.
(4) Any employee who is aggrieved by the application to him of any of the provisions
of sub-clause (2) hereof may appeal to the Council against the decision applied
to him, and the Council may, after considering any reasons which may be
submitted for such decision, confirm that decision or give such other decision as
in its opinion ought to have been given in such case.
(2) An employer seeking overtime to be worked in excess of the 10 hours per week
shall apply to the Council on the prescribed form for exemption from the
limitation imposed by Clause 8.
(3) An employer applying to work overtime in excess of 10 hours per week but up to
a maximum of 15 hours per week shall automatically be granted exemption
provided that such exemption shall only be permitted for a maximum consecutive
period of two months for such activity and for a maximum period of four months
in any calendar year.
(4) An employer applying to work overtime hours in excess of 15 hours per week
may be granted exemption by the Exemptions Committee provided:
(i) the employer strictly adheres to the Code of Good Practice on the
Arrangement of Working Time in respect of the guidelines on the health and
safety of its employees;
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(ii) no employee is required to work more than 6 consecutive days per week
and in excess of 72 hours per week inclusive of overtime;
(iii) an employee who has worked for a consecutive period of 6 days (shifts)
must not be required to work for at least a further period of 36 consecutive
hours before commencing another shift.
(6) All hours worked in excess of an employee’s normal working hours shall be
deemed to be overtime and must be paid at the applicable overtime rates.
(iv) the extent of consultation with and the petition for or against granting the
exemption as provided by employers or employees who are to be affected
by the exemption if granted;
(vi) the fact that a competitive advantage may or may not be created by
granting such exemption;
(viii) any existing special economic or other circumstances which warrant the
granting of such exemption;
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9. NIGHT WORK
(1) In this clause, "night work" means work performed after 18:00 and before 06:00
the next day.
(2) An employer may require or permit an employee to perform night work only if so
agreed by the employee, and if:
(3) An employer who requires an employee to perform work on a regular basis after
23:00 and before 06:00 the next day shall:
(a) inform the employee of any health and safety hazards associated with the
work that the employee is required to perform;
(b) at the request of the employee, enable the employee to undergo a medical
examination concerning those hazards:
(c) transfer the employee to suitable day work within a reasonable time if:
(i) the employee suffers from a health condition associated with the
performance of night work, and
(4) For the purposes of sub-clause (3) hereof an employee works on a regular basis
if the employee works for a period of longer than one hour after 23:00 and before
06:00 at least five times per month or fifty times per year.
(1) Every employer shall keep a record containing at least the following information:
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(b) the time worked by each employee;
(2) A record in terms of sub-clause (1) shall be kept by the employer at the
employer’s place of business for a period of three years from the date of the last
entry in the record.
(3) No person shall make a false entry in a record maintained in terms of sub-clause
(1).
(4) An employer who keeps a record in terms of this clause shall not be required to
keep any other record of time worked and remuneration paid in terms of any
other employment law.
(1)(a)
(i) An employer may require his employees to work for a lesser number of
hours than the ordinary hours of work of his establishment owing to a
shortage of work and/or material, in which case the employer shall give his
employees two clear working days’ notice of his intention to work short
time, and shall, so far as is practicable, spread the work available among
the employees affected.
(ii) Where the employee is expressly required by the employer to report at the
establishment on any one day for the purpose of ascertaining if work shall
be available, he shall receive not less than four hours' work or pay in lieu
thereof, in respect of such day.
(1)(b)
(i) If the employer advises the employee on the working day immediately
preceding the day on which he is not required to attend or if unforeseen
contingencies and/or circumstances beyond the control of the employer in
the event of the foregoing circumstances arise, the employer shall not be
required to pay wages to his employees, except for the periods actually
worked: Provided that where the employer believes that resumption of work
can be effected and expressly instructs his employees to present
themselves for work on a particular day, they shall receive not less than
four hours' work or pay in lieu thereof in respect of such day. Unforeseen
contingencies and/or circumstances beyond the control of the employer
referred to in this paragraph shall not include inclement weather, except as
provided for in Clause 13 of this Agreement.
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(ii) The employer shall within seven working days of commencement of
working short time notify the Council and any representative trade union if
its members are affected, thereof in writing.
(2) Short shifts worked while working short time shall count as shifts actually worked
in order to qualify for the paid leave referred to in this Agreement.
(3) No employee shall work short time for a period exceeding 8 weeks.
(4) In the event that short time is likely to exceed 8 weeks, the employer shall enter
into consultations with the affected employee and/or the employee’s
representative trade union(s) within 6 weeks of the commencement of short time
in order to seek alternatives to continued short time.
(5) Any public holiday falling on any normal working day during the period of short
time shall be paid in terms of Clause 25 of this Agreement.
12. LAY-OFF
(v) The employer shall within seven working days of commencement of the lay
off period notify the Council and any representative trade union if its
members are affected, thereof in writing. Provided further that the employer
shall not be liable to pay the employees any remuneration during a lay–off
except as specified below.
(vi) Any public holiday falling on any normal working day during the period of
lay-off shall be paid in terms of Clause 25 of this Agreement.
(b) If the employer advises the employee on the working day immediately preceding
the day on which he is not required to attend or if unforeseen contingencies
and/or circumstances beyond the control of the employer in the event of the
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foregoing circumstances arise, the employer shall not be required to pay wages
to his employees, except for the periods actually worked.
(c) Where the employee is expressly required by the employer to report at the
establishment on any one day for the purpose of ascertaining if work shall be
available, he shall receive not less than four hours' work or pay in lieu thereof, in
respect of such day.
(d) In the event the lay-off is likely to exceed 8 weeks, the employer shall enter into
consultations with the affected employee and/or the employee’s representative
trade union within 6 weeks of the commencement of the lay-off in order to seek
alternatives to continued lay-off.
(f) Should an employee on lay–off not return to employment within 4 working days
of the due date, the employee shall be deemed to have terminated employment
with the employer, unless the absence is due to a disabling reason.
(g) Should an employee find alternative employment during any lay–off period, he
must inform the employer within 3 working days of finding such employment.
(a) If work has been stopped within four hours of the start of the normal
working day, he shall be paid a minimum of four hours’ pay at his normal
rate of pay and allowances.
(b) Subject to the provisions of (a) above, if less than five and a half hours
have elapsed since the normal starting time in the establishment and work
is then stopped, the employee shall be paid the full pay and allowances for
time worked.
(c) If more than five and a half hours have elapsed since the normal starting
time and work is then stopped the employee shall be paid the full pay and
allowances paid on a normal working day.
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14. CIVIL DISORDER
If, as a result of civil disorder, it is not possible to commence or continue with normal
work, the employer may decide to discontinue work for that day. In the event of a
decision being made to discontinue work on any day owing to such circumstances, an
employee shall be paid as follows:
(a) If work has been stopped within two hours of the start of the normal working
day, the employee shall be paid a minimum of two hours’ pay at his normal
rate of pay and allowances.
(b) Subject to the provisions of (a) above, if more than two hours but less than
five and a half hours have elapsed since the normal starting time in the
establishment and the work is then stopped, the employee shall be paid the
full pay and allowances for time worked.
(c) If more than five and a half hours have elapsed since the normal starting
time and work is then stopped, the employee shall be paid the full pay and
allowances paid for a normal working day.
(1) In cases of a declared national disaster, the operation of the lay-off clause shall
immediately be suspended in the areas where the disaster has been declared.
(3) In the event of the declared disaster being limited to a provincial or municipal
area, the members of the Regional Committee that holds jurisdiction over such
provincial or municipal area shall be invited to attend the National Council
meeting to make representations. The purpose of the meeting will be to
consider variations to employment conditions in terms of the Main Agreement.
These variations shall be communicated within 2 working days to the industry
following the resolution of the National Committee.
(b) Where the services of an employee are terminated after the closure of the
pay week, all remuneration due to him after that closure shall be payable
not later than the pay day on which the remuneration would normally have
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been paid or not later than seven days after the termination of employment,
whichever is the earlier:
(c) Every employee shall be given a statement of payment showing at least the
information referred to in clause 10 of this Agreement.
(2) (a) Except as otherwise provided in this Agreement, only the following
deductions may be made from the wages or earnings payable to any
employee in terms of this Agreement:
(iii) with the written consent of the employee, deductions for insurance or
any other funds approved by the Council,
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been refunded, the employer shall be entitled to recover such amount
from the employee’s wages or earnings: Provided that an employee
who is aggrieved by the application to him of this clause, may appeal
to the Council against such a decision applied to him and the Council
may, after considering any reasons which may be submitted for such
decision, confirm that decision or give such other decision as in its
opinion ought to have been given in such case.
(3) (a) Nothing in this Agreement shall operate to reduce the wage which was
being paid to an employee immediately prior to, or to which any employee
was entitled at, the date of the commencement of this Agreement while
such employee is employed by the same employer.
(b) The provisions of this sub-clause shall also apply in the case of any
employee whose services are terminated by such employer subsequent to
the date of commencement of this Agreement and who is re-engaged by
such employer within a period of 30 calendar days.
(1)(a)
(i) Every employee shall be entitled to three consecutive weeks' (15
consecutive working days') leave, payable at his ordinary rate of wages,
after each completed cycle of 235 completed working days with any
employer in the Industry, exclusive of overtime.
(ii) The leave prescribed in this sub-clause shall become due immediately after
the completion of the 235th completed working day with an employer, and
leave pay shall be paid before the employee proceeds on leave.
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(iii) Where the employment of an employee is terminated before the completion
of 235 completed working days with an employer, such employer shall pay
him a pro rata amount in accordance with the following formula:
(aa) pay him the amount due in terms of sub-clause (i) hereof in respect of
the period of leave which had accrued but was not granted before the
date of termination of his employment, and
(bb) pay him an amount calculated in accordance with the formula in sub-
clause (iii) in respect of the period of employment completed after the
date on which he became entitled to leave in terms of sub-clause (i).
(1)(b)
(i) Every employee shall be entitled to and shall take his leave so as to
commence within a period of four months from the due date unless
exemption is granted by the Council.
(iii) The leave prescribed by this sub-clause shall include four weekends and
shall be for one unbroken period: Provided that the employee may, with the
mutual agreement of the employer, be permitted to take his leave in two
periods, one of which is not less than 10 days.
(iv) Where a public holiday falls on what would otherwise be a normal working
day, the leave period shall be extended by one day for each public holiday
falling within such leave period.
(vi) Any period during which an employee is off sick in excess of two working
days up to a maximum of 18 working days per annum shall count as a
qualifying period for leave: Provided that where it is required by the
employer, a medical certificate shall be produced. Periods of absence on
account of an accident arising out of and in the course of an employee's
employment shall count for leave purposes if such accident has been
admitted as falling within the provisions of the Compensation for
Occupational Injuries and Diseases Act, 1993, and the periods of absence
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counting for purposes of the paid leave shall be the periods of disablement
admitted by the said Act.
(vii) Except as otherwise provided herein, employment for the purposes of this
clause shall be deemed to commence from the date on which an employee
enters the employer's service, or the date he last became entitled to the
paid leave, whichever is the later, and shall include shifts which would
normally have been worked during periods of absence on the additional
week's paid leave or accumulation thereof in terms of Clause 18(1)(a) of
this Agreement.
(a) He shall pay his employees, prior to the date of the annual shutdown, the
full amount of leave-pay due to such employees in terms of this Agreement.
(i) such cancellation has resulted from a change in the work schedule of
the establishment, and
(1) (a) Every employee for whom wages are prescribed in this Agreement shall be
entitled to an additional one week's leave, payable at his ordinary rate of
wages, on qualifying for his fifth and subsequent leave with the same
employer: Provided that the additional leave prescribed in this sub-clause
shall be taken at a time mutually agreed on between the employer and
employee and shall also count as part of the qualifying period for his next
leave.
(c) The employee may, by mutual agreement with the employer, take payment
in lieu of the leave prescribed by sub-clause (a). In the event of the
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employer and employee failing to agree, the matter shall be referred to the
Council for a decision, which shall be final.
(d) Where the services of an employee are terminated and such employee has
accumulated leave in terms of sub-clause (b) standing to his credit, the
employer shall pay the employee in lieu of such accumulated leave.
(2) Save as is otherwise provided herein, employment for the purposes of this
clause shall be deemed to commence from the date on which an employee
enters the employer's service or on the date on which he last became entitled to
leave, whichever is the later.
(1) During each leave cycle, an employee shall be entitled to a period of three days’
paid leave which may be taken-
(b) in the event of the death of a member of the employee's immediate family.
(2) For the purposes of this clause, an employee's "immediate family" means-
(a) the employee's spouse or any other person who cohabits with the
employee; and
(3) Before paying an employee for leave in terms of this clause, an employer may
require reasonable proof of an event contemplated in sub-clauses (1) and (2)
hereof for which the leave was taken.
(a) at any time from four weeks before the expected date of birth, unless
otherwise agreed; or
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(b) on a date from which a medical practitioner or midwife certifies that it is
necessary for the employee's health or that of her unborn child.
(3) No employee may work for six weeks after the birth of her child, unless a medical
practitioner or midwife certifies that she is fit to do so.
(4) An employee who has a miscarriage during the third trimester of pregnancy or
bears a stillborn child is entitled to maternity leave for six weeks after the
miscarriage or stillbirth, whether or not the employee had commenced maternity
leave at the time of the miscarriage or still birth.
(5) An employee shall notify an employer of the date on which the employee intends
to:
(6) Notification in terms of sub-clause (5) shall be given in writing unless the
employee is unable to do so:
(a) at least four weeks before the employee intends to commence maternity
leave; or
(7) The payment of maternity leave benefits shall be determined by the Minister,
subject to the provisions of the Unemployment Insurance Act, 2001.
(1)
(a) Adoption leave benefits of up to 10 consecutive weeks per event, shall be
accessed via the Unemployment Insurance Fund, in terms of Section 25A
of the Basic Conditions of Employment Act, 1997, as amended.
(b) The other parent in such an event will be entitled to parental leave benefits
in terms of sub-clause (3).
(2) (a) Commissioning parental leave of at least 10 consecutive weeks per event,
shall be accessed via the Unemployment Insurance Fund, in terms of
Section 25A of the Basic Conditions of Employment Act, 1997, as amended.
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(b) The other parent in such an event will be entitled to parental leave benefits
in terms of sub-clause (3).
(1) Provided that the party trade union represents ten (10) or more employees
employed by the employer, an employee who is an elected representative of one
of the party trade unions shall be entitled to take five days’ special leave per year
during working hours on full pay for the purpose of performing the functions of
that office.
(2) Subject to the provisions of sub-clause (1) the trade union representative shall
be entitled to take an additional 10 days’ special leave per year during working
hours on full pay to attend meetings of this Bargaining Council, provided -
(b) no more than one such trade union representative shall be appointed from
any particular employer for these purposes;
(c) that the trade union representative is appointed in terms of the provisions of
the Act; and
(3) Where an employer, employs fewer than ten (10) but more than five (5)
employees, the party trade union shall be entitled to elect one (1) “shop floor
rep” from amongst the employees at that employer, provided that the party
trade union has the majority of the employees, employed at that employer as
members.
A “shop floor rep” elected in terms of this sub-clause shall not be entitled to any
trade union representative leave as contemplated in sub-clause 1 and sub-
clause 2 hereof.
Furthermore, the “shop floor rep” shall not have any of the Trade Union
representative rights as defined in this Agreement and or the Act.
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23. INJURY-ON-DUTY ALLOWANCE
Every employer shall either arrange with the Compensation Commissioner to extend
and maintain the cover provided by the Compensation for Occupational Injuries and
Diseases Act, 1993 as amended by the Compensation for Occupational Injuries and
Diseases Amendment Act, No 61 of 1997, to all his employees who fall within the
provisions of this Agreement or, alternatively, with a mutual association licenced by
the Minister to provide benefits at least equivalent to those provided by the
Compensation for Occupational Injuries and Diseases Act, 1993, as amended, in
respect of his employees who fall within the provisions of this Agreement and whose
earnings exceed the earnings ceiling specified in the said Act.
(1) (a) An employee may agree with the employer to exchange a public holiday for
any other day, and if so agreed shall not be entitled to any additional
payment on such a public holiday.
(b) Every employee shall, in respect of a public holiday, be paid at his ordinary
rate of wages and allowances for the number of hours he would have
worked on a normal working day (excluding overtime).
(c) The payment prescribed in sub-clause (b) hereof shall be deemed to be full
payment in respect of such public holiday, and subject to the provisions of
Clause 8 of this Agreement no employee shall be entitled to further
compensation in respect of such public holiday.
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employer, or where the public holiday falls during the period of the annual
leave of the employee.
(2) Any employee who is aggrieved by the application to him of any of the
provisions of sub-clause (1)(d) hereof may appeal to the Council against the
decision applied to him, and the Council may, after considering any reasons
which may be submitted for such decision, confirm that decision or give such
other decision as in its opinion ought to have been given in such case.
(a) one week, if the employee has been employed for six months or less;
(b) two weeks, if the employee has been employed for more than six months.
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have earned if the employee had worked during the prescribed or agreed period
of notice.
(a) if the employee fails to give the notice or to work such notice period, the
employer may deduct the wages for the notice period;
(b) if the employer fails to give the notice or to allow the employee to work
during the notice period, the employer must pay the employee the wages
the employee would have earned if the employee had worked during the
period of notice.
(a) must inform the Council at least 14 days prior to notice of retrenchment
being given.
(b) the provisions of the Labour Relations Act of 1995 apply for dismissals
based on operational requirements.
(c) notwithstanding any other provision in this clause, the employer must give
notice to the employee in accordance with sub-clause (1);
(d) must pay any employee who is retrenched, in addition to any other moneys
due to him, severance pay of one week's wages for each completed year of
service.
(1) A contract of employment may not be transferred from one employer (referred to
as "the old employer") to another employer (referred to as "the new employer")
without the employee's consent, unless -
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(2) (a) If a business, trade or undertaking is transferred in the circumstances
referred to in sub-clause (1)(a) above unless otherwise agreed, all the
rights and obligations between the old employer and each employee at the
time of the transfer shall continue to be in force as if they had been rights
and obligations between the new employer and each employee and
anything done before the transfer by or in relation to the old employer shall
be considered to have been done by or in relation to the new employer.
(4) A transfer referred to in sub-clause (1) shall not interrupt the employee's
continuity of employment, which shall continue with the new employer as if with
the old employer.
(5) The provisions of this clause shall not transfer or otherwise affect the liability of
any person to be prosecuted for, convicted of, and sentenced for any offence.
29. INTEREST
(1) If any amount that falls due in terms of Clause 31 of Part I and Clause 2(1) of
Part II of this Agreement is not received in full by the Council by the 15th day of
the month following the month for which the amount is payable, then the
employer shall be liable to pay interest in accordance with the following
provisions:
(i) The interest payable shall accrue on the balance of the amount outstanding
from time to time from the said 15th day until the full amount is received by
the Council.
(ii) An employer who does not pay to the Council the levies and contributions
payable by him/her and his/her employees each month on the due date as
specified in this Agreement shall pay interest to the Pension and or
Provident Fund administrator for pension and/or provident fund
contributions as prescribed by the Registrar of Pension Funds in terms of
Section 13A (7) of the Pension Funds Act, 1956, as amended, and for all
other contributions and levies to the Council, as provided for in terms of the
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Prescribed Rate of Interest Act,1975 (Act 55 of 1975) calculated from the
due date to the date of payment.
Provided that if the Fund and Council agree, the Council shall collect such
Pension/Provident Fund late payment interest on behalf of the Fund.
(iii) The Council shall, in its absolute discretion, be entitled to waive payment by
the employer of any interest which accrues in terms of this sub-clause, with
the exception of Pension and/or Provident Fund interest.
(1) An employer shall deduct the amount of the subscriptions payable to the party
trade union, in respect of each week or part of a week of employment, including
the period an employee is on leave in terms of Clause 17 of this Agreement,
from the earnings of every employee who is a member of a party trade union and
shall forward the amount thus deducted, together with the form specified by the
Council, to the Secretary of the Council, not later than the 15th day of each
month following that in respect of which the deductions were made: Provided
that a signed stop-order is received from the employee indicating the party union
of which he is a member.
(2) Every employer who is a member of the employers’ organisation shall forward
the levy payable to the Association, in respect of each week or part of a week of
employment of each employee for whom wages are prescribed in this
Agreement, including the period an employee is on leave in terms of Clause 16
of this Agreement, to the Secretary of the Council, not later than the 15th day of
each month following that in respect of which the payments are made: Provided
that the employers’ organisation shall submit to the Council proof of membership
in respect of all new members.
(3) The appropriate party trade union and the employers’ organisation shall
indemnify the Council against any claim that may arise in respect of this clause,
and when a deduction for subscriptions or the payment of the levy in terms of
this clause has been made, irrespective of whether, this amount has been paid
over to the said trade union or employers’ organisation, the employee or
employer concerned shall be deemed to, have paid his subscriptions or levy to
the said trade union or employers’ organisation.
(4) The Secretary of the Council shall pay all amounts paid in terms of sub-clauses
(1), (2) and (3) hereof to the parties concerned within 30 days of the month in
which the amounts were received by the Council.
(5) The Council shall undertake to render all reasonable services to give effect to
this clause for which a maximum amount of three per cent of all contributions
and levies in terms of sub-clauses (1), (2) and (3) hereof shall be paid to the
Council.
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(6) A sole proprietor, partner, working director or employer engaged in work
specified in this Agreement shall be deemed to be an employee in respect of
whom contributions are required to be made in terms of sub-clause (2) hereof.
(1) The Council shall provide fixed term contract employees with risk only benefits,
namely Death/Group Life Assurance (GLA), Disability Benefits (PHI) and Funeral
Benefits.
(2) In the event that an employee fails to qualify for death, disability, and/or funeral
benefits in terms of the Pension and/or Provident Fund Agreements because the
employer failed to pay contributions owing in respect of the employee’s
membership, the employer shall be liable to pay to such employee or his/her
beneficiaries an amount of money equal to the death, disability and/or funeral
benefits that would have been payable to the employee under the rules of the
applicable fund had the contributions been paid by the employer.
(3) The Council shall provide PHI (disability) and Funeral Risk Benefits in respect of
Region A, Region B and Region C Pension and Provident Funds members.
(b) For Region C the current contribution rate shall remain 60% employer and
40% employee and shall change in line with (4)(a) one calendar month after
approval by the FSCA of the Pension Fund Rules of Region C allowing
such a change.
(5) In the event that a New National Pension Fund comes into operation during the
period of operation of this Agreement, all new scheduled employee entrants shall
be required to participate in this Fund. The Council shall also provide to the New
National Pension Fund PHI (Disability) and Funeral Cover for members.
(1) The provisions of Section 198B of the Labour Relations Act, 1995 are
incorporated in this Agreement.
(i) Employees earning more than the Earnings threshold as published by the
Minister of Labour from time to time in terms of Section 6(3) of the Basic
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Conditions of Employment Act 75 of 1997 [Earnings Threshold
Determination];
(iii) Employers who employ under 50 people and whose businesses have been
in operation for less than two years unless the employer conducts more
than one business or his business was formed by the division or dissolution
of an existing business.
(4) A fixed-term contract for longer than 3 months shall only be justifiable if the
employee:
(iii) Is a student or recent graduate employed for the purpose of being trained
or gaining work experience to enter a job or profession.
(v) Is a non-citizen who has been granted a work permit for a defined period.
(vii) Is employed for the purposes of an official public works scheme or similar
public job creation scheme.
(ix) Has reached the normal or agreed-upon retirement age applicable in the
employer’s business.
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justifiable reasons for making the contract a fixed-term contract, shall be deemed
to be of an indefinite period.
(7) Employees employed on fixed-term contracts for longer than three months must
not be treated less favourably than employees employed on a permanent basis
and who perform the same or similar work unless there is a justifiable reason for
the different conditions.
(8) The employer must provide all employees with equal opportunities to apply for
vacancies.
(10) However, should an employer offer an employee alternative employment with the
same or any other employer and the employee refuses to accept such offer
which is on the same or similar terms, such employee is not entitled to one
week’s remuneration.
(11) In cases where an employee is engaged on a fixed term contract, and such
employee has not previously contributed to the Electrical Industry
Pension/Provident Fund, the employer shall cover such employee only for the
purposes of risk benefits, that is death, disability, funeral and sick pay, whilst
employed on such fixed term contract: Provided this shall not apply to an
employee who was previously a member of the Pension/Provident Fund and has
not withdrawn from such Fund. Provided that should such employee be
employed on a further fixed term contract with the same employer within 90 days
of the termination of his original fixed term contract, the employer and employee
shall contribute towards the employee’s Pension/Provident Fund.
(12) In any proceedings, the employer bears the onus of proving that there was a
justifiable reason for fixing the term of the contract and that the period was
agreed to.
(1) (a) Every employer in the Electrical Industry shall, within 30 days of the date of
coming into operation of this Agreement, register with the Council by
forwarding to the Secretary of the Council the following particulars, on the
form prescribed by the Council, together with the registration fee prescribed:
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(i) full name of business,
(v) the registration fee determined by the Council from time to time and
provided that it shall not exceed R3 000.00;
(vii) the full names of all other employees who fall within the scope of the
Main Collective Agreement, including identity numbers, categories of
employment, residential addresses and, in respect of each individual
employee or employer, any additional personal particulars as may be
required by the Council from time to time, and by endeavouring to
submit the completed beneficiary form to Council within 30 days of
date of registration.
In the event that the staff complement changes at any time during the
course of operation of the business, the employer must notify Council
within 30 days of such changes and shall furnish all other particulars
required in terms of this clause.
Any changes to the information that the Council has on files must be
furnished to it within 30 days of such changes.
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(x) the Council shall not register any person as an employer who is
registered as an employee in the industry unless he or she has the
written permission of their employer to do so.
(b) An employer who has already, prior to the date of coming into operation of
this Agreement, furnished the particulars required under this clause shall be
deemed to have complied with the provisions thereof and to be registered
with the Council.
(c) Employers entering the Industry after the date of coming into operation of
this Agreement shall register with the Council and shall furnish the
particulars required under sub-clause (a) above within 30 days of
commencing operations.
(d) Should the business cease to exist, the Council shall be notified within 30
days.
(2) Every employer to whom this Agreement applies, but who is not registered in
terms of the provisions of sub-clause (1)(a) of this clause, shall be deemed to be
registered from the date of commencement of his business and shall observe the
provisions of this Agreement.
(3) All applications for registration shall be made directly to the Secretary of the
Council in the area in which the employer is operating or intends to operate his
business. The postal addresses of the Regional Councils are attached as
ADDENDUM 4.
Provided further that no person may utilise a temporary employment service for work
in connection with the Electrical Industry as defined in the Council’s Main Collective
Agreement, unless both the person and the temporary employment service are, at all
times during the use of the temporary employment service, employers in good
standing with the Council.
The provisions of Section 198 of the Act read with Clauses 40 and 41 of the Council’s
Main Collective Agreement shall apply to any person who enters an agreement to
utilize a temporary employment service for work in connection with the Electrical
Industry.
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35. TRAINING OF ELECTRICAL CONSTRUCTION OPERATORS
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(iii) For a period not exceeding three months after undertaking the prescribed
formal training, an employer shall be permitted to provide on-site training for
the Elconop 1 prior to him undertaking the examination for Elconop 2 and
allow him to perform the duties of an Elconop 2. The employer shall not be
required to pay the wages of an Elconop 2 during the period the Elconop 1
is receiving on-site training.
(5) All Elconop 1, Elconop 2, and Elconop 3 employees shall be issued with a
registration card in the manner and form prescribed by the Council. Such
registration card shall contain a photograph of the employee and his category
of employment. Such card shall at all times during working hours be carried on
the person of the employee. No fee shall be charged for the first issue of the
card. A fee of R100 shall be charged for replacement cards should the first card
require to be replaced.
36. OUTWORK
(2) No employer shall employ any employee of another employer in the Electrical
Industry, whether for remuneration or not, during or outside of normal working
hours or during any leave period of such employee.
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38. EMPLOYMENT OF PERSONS UNDER 15 YEARS OF AGE
Both employers and employees shall observe the Code of Good Practice: Key
Aspects of HIV/AIDS and Employment published under Government Notice No. R.
1298 of 1 December 2000.
(1) The provisions of Section 198 and Section 198A of the Labour Relations Act,
1995 are incorporated in this Agreement.
(2) All temporary employment services as referred to in Section 198 of the Act, shall
register with the Council if they provide to a client, employees to perform any
work falling within the definition of "Electrical Industry".
(3) No employer may use the services of employees procured from a temporary
employment service, unless such service provides sufficient proof of -
(4) The form referred to in sub-clause (3) shall contain the following particulars:
(a) The name, telephone number, residential address, and identity number of
the employee,
(b) the business name, business telephone number and physical business
address of the temporary employment service concerned,
(c) the date from which the employer uses the services of the employee and
the expected termination date,
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(d) the site address where the services of the employee are to be used,
(e) the anticipated normal working hours and overtime to be worked by the
employee, and
(5) The employer shall submit the form referred to in sub-clause (3) above to the
Council within five working days after he has commenced using the services of
the employee or employees.
(6) In terms of Section 198(4) of the Act, the temporary employment service and the
employer shall jointly and severally be liable if the temporary employment
service, in respect of its employees, contravenes any of the conditions of this
Agreement.
(7) If the client of a temporary employment service is jointly and severally liable in
terms of Section 198(A) or is deemed to be the employer of an employee in
terms of Section 198 A(3)(b)
(a) The employee may institute proceedings against either the temporary
employment service or the client;
(b) A designated Council Agent acting in terms of this Agreement may secure
and enforce compliance against the temporary employment or the client as
if it were the employer, or both; and
(c) Any order or award made against a temporary employment service or client
in terms of this sub-clause may be enforced against either.
(9) The temporary employment service shall be required to comply with all the terms
and conditions of this Agreement and the relevant Pension/Provident Fund
Agreements referred to in Clause 31 of this Agreement.
(11) The Council staff shall conduct wage book inspections at all temporary
employment services every 6 months.
(1) This section only applies to employees earning below the earnings threshold as
published by the Minister of Employment and Labour from time to time in terms
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of Section 6(3) of the Basic Conditions of Employment Act, 75 of 1997 [Earnings
Threshold Determination].
(a) Performing a temporary service as per the temporary service definition for
the client is the employee of the temporary employment services; or
(b) Not performing such temporary service for the client is deemed to be the
employee of that client and the client is deemed to be the employer; and
subject to the justification provisions in Clause 40 and 41, employed on an
indefinite basis by the client.
(3) All the terms and conditions of this Agreement shall apply in respect of an
employee deemed to be employed on an indefinite basis.
(1) No claim whatsoever by any employee against the Council shall be capable of
being ceded and no purported cession thereof shall be binding upon the
Council.
Every employer shall provide and maintain in good order suitable first-aid equipment
as prescribed in Regulation 3 of the General Safety Regulations, 1986, made under
the Occupational, Health and Safety Act, 1993, on any premises where employees are
employed by him.
Every employer shall provide each employee, on the termination of his employment,
with a certificate of service showing the full names of the employer and the employee,
address of the employer, the category of the employment, the date of commencement
and the date of termination of employment.
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45. STORAGE, INSURANCE AND PROVISION OF TOOLS
(1) Lockup facilities shall be provided by the employer on all sites and workshops for
locking up tools.
(2) Every employer shall take out an insurance policy with a registered insurance
company, insuring tools which are the private property of skilled employees in his
employ against the loss or destruction or damage of the tools through fire or theft
whilst on the employer's premises.
The maximum cover under this clause shall be R3 000.00 per employee:
Provided that 10 per cent of any loss or damages for which payment is claimed
shall be borne by the employee: Provided further that an employer shall require
a skilled employee, within seven days of the commencement of his employment,
to submit to him a mutually agreed inventory of the tools in his possession, , and
the skilled employee shall comply with such requirements to enable the employer
to effect the insurance prescribed above. The employer may verify such
inventory from time to time.
(3) Examples of tools that a “skilled employee” may be required to have in his
possession from time to time include but are not limited to the following:
electrician's pliers, long-nose pliers, tape measure (6m), hacksaw (junior and
ordinary), cable knife, wire strippers, one 15cm and one 30cm shifting spanner,
ballpein hammer, spirit level, set square (15cm), soldering iron, crimping pliers,
side cutters (diagonal type), six assorted screwdrivers, carpenter's hammer, tin
snips, six assorted standard flat and/or ring spanners, one small and one large
wood chisel, set of allen keys and water pump-pliers.
(4) The employer shall, where such tools are necessary, provide-
flat and round files with handles, stocks-and-dies, chasing chisels, masonry
drills, electrical testing instruments, geyser spanners, hole saws, benders,
reamers, fish tapes, twist drills, die nuts, chassis punches and electric power
tools: Provided that such tools shall remain the property of the employer. The
employee shall exercise due care in the use of/and storage of tools provided by
his employer.
(5) For the purposes of this clause, "skilled employee" shall mean a master
installation electrician, an installation electrician, an electrical tester for single-
phase, an electrician, an artisan, a domestic electrical installer, an apprentice, an
Elconop 2, and an Elconop 3.
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46. ADMINISTRATION OF AGREEMENT
(1) The Council shall be the body responsible for the administration of this
Agreement.
(2) Every employer shall keep in his establishment a legible copy of this Agreement
which shall be reasonably available and accessible upon request.
(3) Every employer shall display in his establishment, in a place readily accessible to
his employees, a notice stating the starting and finishing time of work.
The Council shall request the Minister, in terms of Section 33 of the Act, to appoint
persons to be designated agents to assist in giving effect to this Agreement. A
designated agent shall have the powers conferred upon him in terms of Section 33A
read with Schedule 10 of the Act.
(1) Any office-bearer or official of the representative trade unions shall be entitled to
enter the employer's premises or place of work in order to recruit members or
communicate with members, or otherwise serve their interests.
(2) A representative trade union shall be entitled to hold meetings with employees
outside their working hours at the employer's premises or place of work.
(3) The members of a representative trade union shall be entitled to vote at the
employer's premises or place of work in any election or ballot contemplated by
the trade union's constitution.
(4) The rights of access granted in sub-clauses (1), (2), and (3) above are extended
to any place of work provided that the party trade union be granted access by the
client and the principal contractor.
(5) The rights conferred by this section shall be subject to any conditions as to time
and place that are reasonable and necessary to safeguard life or property or to
prevent the undue disruption of work.
49. EXEMPTIONS
(1) In terms of Section 32 of the Act the Council shall consider all applications for
exemption from any of the provisions of this Agreement for any good and
sufficient reason within 30 days from the date of receipt of such application.
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(2) All applications for exemption shall be in writing (on an application form provided
by the Council) and shall be addressed to the Regional Manager of the Council
in the relevant region for consideration by the Regional Exemptions Committee.
(3) All applications for exemptions shall be substantiated, and such substantiation
shall include the following details:
(b) the Agreement and clauses or sub-clauses of the Agreement from which
the exemption is required,
(c) proof that the exemption applied for has been discussed by the employer,
his employees, and their respective representatives. The responses
resulting from such consultation, either in support of or against the
application, shall be included with the application.
(4) The Regional Manager of the Council shall place the applications for exemption
on the agenda of the next Regional Exemptions Committee meeting for
consideration.
(5) The Regional Manager shall provide the Regional Exemptions Committee with
details of all the applications for exemption.
(6) The Council shall consider and decide on all written applications and, when
requested by the applicants or objectors to do so, may interview applicants or
objectors at its following meeting:
(8) Once the Council has decided to grant an exemption, it shall issue a certificate
and advise the applicant(s) within 14 days of the date of its decision.
(9) When the Council decides against granting an exemption or part of an exemption
requested, it shall advise the applicant(s) within 14 days of the date of such
decision and shall provide the reason or reasons for not granting an exemption.
The Council shall consider all applications for exemption with reference to the
following criteria:
(b) the extent of consultation with and the petition for or against granting the
exemption as provided by employers or employees who are to be affected
by the exemption if granted,
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(c) the terms of the exemption,
(e) wilful disregard of the Main Agreement displayed prior to the application for
exemption,
(f) the fact that a competitive advantage may not be created by the exemption,
(g) the effect of the exemption on any employee benefit fund or training
provision in relation to the alternative comparative bona fide benefit or
provision, including the cost to the employee, transferability, administration
management and cost, growth, and stability,
(i) any existing special economic or other circumstances which warrant the
granting of the exemption,
(m) Any exemption applied for after the notice to attend arbitration has been
issued shall not stay the arbitration proceedings. The arbitrator shall be
requested to make an appropriate arbitration award.
(11) In terms of Section 32 of the Act, the Council hereby establishes an Independent
Appeal body to hear and decide as soon as possible, but no later than 30 days
after the appeal is lodged, against –
(i) the Council's refusal of an application for exemption from the provisions
contained in this Agreement,
Provided that such appeals are lodged with Council within 30 days from the date
of receipt of the outcome of the exemption application.
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(12) The Secretary shall, upon receipt of a written application for an appeal, forward
the application together with the original application for exemption and all
supporting documents to the Independent Appeal body for a decision.
(13) The Independent Appeal body shall consider all applications within 14 days of
receipt reference to the criteria set out in sub-clause (11) above and shall ensure
that the applications are not in conflict with the primary objects of the Act.
(14) The Independent Appeals Body may defer a decision to a subsequent meeting if
additional motivation, information, or verbal representations are considered
necessary to decide the application for exemption.
(15) The Independent Appeals Body shall issue a certificate within 14 days of the
date of its decision to uphold the appeal and grant exemption. The certificate
should specify the terms of the exemption and the reporting requirements by the
applicant and the monitoring and re-valuation processes.
(16) The Independent Appeals Body shall advise the applicant(s) within 10 working
days of the date of its decision not to grant exemption or part of an exemption
requested and shall provide a written reason or reasons for the decision not to
grant exemption.
(1) Where any party to the Council wishes to initiate negotiations for the amendment
of any existing Agreement or the introduction of a new Agreement, the party shall
submit its proposals in writing to the Secretary.
(2) The Secretary shall immediately arrange for the proposals to be circulated to all
interested parties and shall take steps to arrange a negotiating meeting within 45
days of receipt of the proposal. The date of the first negotiating meeting shall be
decided at the next meeting of the Council and such negotiating meeting shall be
held within 30 (thirty) days of the Council meeting.
(3) Further negotiating meetings may be held by agreement between the parties,
who may also agree on any procedures, documentation, or any other matters for
the purposes of assisting the negotiations.
(4) If the negotiations have not been concluded within the 30 (thirty) days of the first
negotiating meeting held, or as otherwise agreed between the parties, any party
to those negotiations may declare a dispute by notice in writing to the Council
and shall satisfy the Council that a copy of the referral has been served on all
other parties to the dispute. This service shall be effected by means of telefax,
hand delivery or registered post.
(5) Industry disputes shall be processed in accordance with Clause 52(4). All other
disputes shall be processed in accordance with Clause 52(1) to 52(3) of this
Agreement.
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51. GENERAL RULES GOVERNING CONCILIATIONS AND ARBITRATIONS
CONDUCTED UNDER THE AUSPICES OF THE COUNCIL
(1) Notwithstanding the following procedures and rules, any omissions there from
shall be dealt with in accordance with the Rules for the Conduct of Proceedings
before the CCMA as amended from time to time.
(a) This rule applies to any application for condonation, joinder, substitution,
variation or recession, application in a jurisdictional dispute or any other
preliminary application. All applications must comply with Rule 31 of the
CCMA rules.
(b) A ruling made by a Council appointed conciliator or arbitrator which has the
effect of a final order, shall be regarded as a ruling for the purposes of this
clause.
The Council or arbitrator or conciliator may condone any failure to comply with
the time frames in this clause, on good cause shown.
The Council shall take all reasonable steps necessary to ensure compliance with
this Agreement. If whether through its own investigations or through any other
source, it appears as if the provisions of this Agreement have been breached
then the following procedure shall apply to enforce compliance:
(a) The appointed official of Council shall investigate the alleged breach.
(b) If, upon completion of the investigation, the appointed official of Council has
reason to believe that this Agreement has been breached, the appointed
person may endeavor to secure compliance with the Agreement by any or
all of the following means:
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(i) issue a compliance order requiring any person bound by the
Collective Agreement to comply with the Collective Agreement within
a specified period;
(iii) a designated agent of Council shall have all the powers conferred to
him in terms of Section 33 read with Section 33A and Schedule 10 of
the Act.
(c) Arbitration
(ii) The Council shall decide the date, time, and venue of the arbitration
hearing, but shall give the parties at least 21 days written notice of an
arbitration hearing, unless the parties agree to a shorter period.
(iii) The Council shall serve notice of the date, time, and venue of the
arbitration on all parties who may have a legal interest in the outcome
of arbitration.
(iv) Any party who has a legal interest in the outcome of the arbitration
shall have the right to:
- give evidence
- call witnesses
- question the witnesses of the other party
- address the concluding arguments with the arbitrator
- be represented by a legal practitioner or co-employee or any
office-bearer or official of his trade union or employers’
organisation and, if the party is a juristic person, by a director or
employee thereof.
(ii) To make any appropriate award that gives effect to the Collective
Agreement and to ensure compliance therewith.
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evidence, call witnesses, question the witnesses of any other party,
and address concluding arguments to the arbitrator.
(iv) The appointed arbitrator may at any stage prior to or during the
arbitration proceedings, suspend the arbitration proceedings and
attempt to resolve the dispute through conciliation with the consent of
all the parties to the dispute. If appropriate, the arbitrator may refer the
dispute to another conciliator to be conciliated.
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the employees involved in the dispute ordinarily work or
worked;
(vii) The appointed arbitrator shall have the power to vary, rescind or
amend any arbitration award issued by him or by any arbitrator on
application by any affected party or on his own accord within 14 days
of the date on which the applicant became aware of the arbitration
award or ruling or a mistake common to the parties to the proceedings
and without limiting the generality hereof shall have this power if:
- the award was erroneously sought or erroneously made,
- made in the absence of any party affected by the award;
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- the award is ambiguous;
- contains an obvious error or omission, but only to the
extent of that ambiguity, error, or omission the award was
granted as a result of a mistake common to the parties to
the proceedings.
(e) Any award made by the arbitrator, shall be served on all interested parties
by the Council and must be made within 14 days after the expiry of the
arbitration proceedings.
(f) The Council may apply to make the arbitration award an order of court in
terms of Section 143 or Section 158(1) of the Act.
(g) The Council may apply for a writ of execution to enforce the order of court
made in terms of Section 143(1) of the Act.
(h) The provisions of this procedure shall apply in addition to any other legal
remedy which the Council may apply to enforce a Collective Agreement. In
the event that the Council has to instruct a debt collecting agency or a legal
practitioner to collect and or to litigate in respect of any amount due to it by
the defaulter in terms of any arbitration award, the defaulter shall also be
liable in terms of this clause for payment of any commission and any other
litigation costs incurred in the enforcement and collection thereof.
(i) If the arbitrator finds that any party to the dispute has failed to comply with a
provision of Council’s Collective Agreements which are binding on that
party, then the arbitrator shall, in addition to any other appropriate order,
impose a fine on the non-compliant party in accordance with Section 29(2)
of Schedule 7 of the Act, read with Section 33A of the Act. An arbitrator
shall also include in an order, any interest that is due in terms of Clause 29
of the Council’s Main Collective Agreement and an arbitration fee of
R500.00.
(j) Notwithstanding the provisions of this clause, the Council may utilise
Section 33A, Section 142 and Schedule10 of the Act to monitor and enforce
compliance with its Collective Agreements.
(k) Despite the provisions of this clause, a Council agent may not issue a
compliance order in respect of any amount payable to an employee as a
result of a failure to comply with any provision of this Agreement if that
amount has been payable by the employer to the employee for longer than
12 months before the date on which a complaint was made to the Council
by or on behalf of that employee or, if no complaint was made, the date on
which a Council agent first endeavored to secure compliance. If such
complaint as referred to above is received by Council after 12 months, such
a complaint will be accompanied by a condonation application. Such
condonation application will be considered by a Commissioner appointed
by the Council.
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(l) Despite the aforesaid, if the non-compliance relates to unpaid Pension and
or Provident Fund contributions, the Council must issue a compliance order
to secure compliance for the period permitted by legislation..
(2) Procedure for Disputes about the Interpretation and/or Application of this
Agreement or Council’s Constitution:
(a) If a dispute is referred to the Council by any party to Council, or any legal
entity or person who falls within the registered scope of Council, it shall
attempt to resolve the dispute through conciliation and if the dispute
remains unresolved after conciliation, the Council shall appoint an arbitrator
from its panel to arbitrate the dispute unless otherwise agreed to between
all parties to the dispute. The arbitrator shall be independent of the Council.
(b) Any party or legal entity or person wishing to lodge such a dispute shall
notify the Council in writing setting out all the details of the dispute. A copy
of such notification shall be served on all parties to the dispute in
accordance with Rule 5 of the Rules for the Conduct of Proceedings before
the CCMA.
(c) The Council shall arrange a conciliation meeting of the parties to the
dispute within 14 days of the date it received the completed referral.
However, the parties to the dispute may agree to extend the 14-day period.
(ii) Any conciliator appointed in terms of this sub-clause shall have all of
the powers conferred to him in terms of Section 33A, Section 142,
Section 138, and Section 142A of the Act.
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(ii) serve a copy of that certificate on each party to the dispute or the
person who represented a party in the conciliation proceedings; and
(g) If the dispute is not resolved at the conciliation meeting referred to in sub-
clause (2)(c) above, it shall be referred to arbitration, unless otherwise
agreed to between the parties to the dispute.
(i) The arbitrator shall make a determination within 14 days of the completion
of the hearing unless otherwise agreed to between the parties to the
dispute.
Any party to the dispute who alleges a defect in the arbitration proceedings
may apply to the Labour Court for an order setting aside the arbitration
award in terms of Section 145 of the LRA.
(j) Any party to the dispute may apply to make the arbitration award an order
of court in terms of Section 143 or Section 158(1) of the Act.
(k) The arbitrator may on his/her own accord or on the application of any
affected party, vary or rescind an arbitration award or ruling in terms of
Section 144 of the LRA read with Rule 31 and Rule 32 of the CCMA Rules.
(3) Procedure for Unfair Dismissal and Unfair Labour Practice Disputes
(b) Notwithstanding, sub-clause (3)(a) the Council may accept a referral form
referred to it by the CCMA or a Bargaining Council or from the Department
of Employment and Labour.
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(ii) attach written proof that the referral form was served on the other
parties to the dispute by means of telefax, or hand delivery or
registered mail.
(d) The Council must refuse to accept the referral form until sub-clause (3)(c)
has been complied with.
(e) The Council must give the parties at least 14 days written notice of a
conciliation hearing unless the parties agree to a shorter period of notice.
(g) The Council’s conciliator may contact the parties by telephone or by other
means, prior to the commencement of the conciliation, in order to attempt to
resolve the dispute.
(i) Any conciliator appointed in terms of this clause shall determine a process
to attempt to resolve the dispute which may include:
(j) When conciliation has failed, or at the end of the 30-day period or any
further period agreed to between the parties, the conciliator must-
(i) issue a certificate stating whether or not the dispute has been
resolved; and
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(ii) serve a copy of that certificate on each party to the dispute or the
person who represented a party in the conciliation proceedings; and
(k) The conciliator shall advise the referring party of his right to refer the
unresolved dispute for adjudication within 90 days after the date on which
that certificate was issued:
(i) to the CCMA for reasons in terms of Section 191(5)(a) of the LRA if
the Council is not accredited to arbitrate the dispute in terms of
Section 127 of the LRA; or
(ii) to refer the dispute to the Labour Court for adjudication for reasons in
terms of Section 191(5)(b) of the LRA.
(a) In the event of a dispute arising in terms of Clause 52, the Council shall use
its best endeavours to settle the dispute and shall meet as often as it
deems necessary for this purpose. In the course of its deliberations the
Council shall give consideration to the following:
(b) If the dispute has not been settled within 30 (thirty) days from the date on
which the dispute was referred to the Council, and if the parties have not
within that period agreed on a process to resolve the dispute, any party to
the dispute shall be entitled to pursue whatever means are available under
the Act to process that dispute.
(1) In addition to the provisions of any other dispute procedure in terms of this
Agreement or in terms of the Labour Relations Act, 1995, the Council authorises
a designated agent to issue a compliance order requiring any person bound by
that Collective Agreement to comply with the Collective Agreement within a
specified period.
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(2) The Council may refer any unresolved dispute with and or alleged breach of any
of the provisions of the Main Collective Agreement to arbitration by an arbitrator
appointed by the Council.
54. GENERAL
No employer or employee may waive the provisions of this Agreement, whether or not
the said provisions create a benefit or obligation upon the employer or employee
concerned. Every provision, sub-clause or clause shall create a right or obligation, as
the case may be, independently of the existence of other provisions.
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PART II
TABLE OF CONTENTS
CLAUSE PAGE
1. ALLOWANCES 69
6. CATCH-UP ARRANGEMENT 74
7. LEAVE BONUS 74
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1. ALLOWANCES
(iii) However, if the employee is required to make use of his own vehicle
to travel to the site as a result of being expected to first report to the
establishment, the employer shall pay him a transport allowance equal
to R4.20 per kilometer calculated by the distance from the
establishment to the working site and back to the establishment,
where applicable.
(iv) In the event that the employee has to find his own way to the working
site by making use of public transport, as a result of being expected to
first report to the establishment, and providing public transport exists,
he must be paid at least 50% of his normal hourly wage or part
thereof, for time travelled to and from the working site and back to the
establishment, when applicable.
(vi) Payment for time spent travelling to and from the working site to and
from the establishment, for any distance under 15km, shall be paid for
by the employer.
(c)
(i) Where the employee can reasonably be said to be unable to return to
his home daily, the employer shall pay for all travel related costs,
inclusive of meals, where applicable.
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(a) Any time occupied in travelling during the ordinary working hours
for business purposes shall be paid at the applicable hourly rate of
wages of the employee.
(ii) Accommodation supplied on site shall include running cold water, hot
water, toilet facilities, a bed, a mattress and suitable structure (i.e.,
minimum of a tent) to sleep in, which meets reasonable hygiene and
security standards.
(iii) Where meals are supplied by the employer on site, he shall not be
required to pay a subsistence allowance, but the standard of the
meals provided shall be commensurate with the subsistence
allowance that would have been paid in terms of this sub-clause.
(2) Stand-by allowance: every employer shall pay every employee who is required to
do stand-by duties a minimum of R110.43 per stand-by duty shift.
(3) The transport, subsistence and stand-by allowance payable in terms of sub-
clauses 1(a),1(c)(i) and (2) respectively, shall be adjusted annually by the
prescribed minimum percentage wage increase that is agreed for that year.
The funds of the Council, which shall be vested in and administered by the Council,
shall be provided for in the following manner:
(1) Every employee and every employer shall contribute to the Bargaining Council
Levy, no more than 1 (one) percent of the weekly specified wage rate payable in
terms of clause 4 of Part II of this Agreement,
(2) Every employer shall pay the amount determined in terms of sub-clause (1) to
the Council in respect of such employees: Provided that the employer may
deduct fifty percent of the amount payable from the remuneration of such
employees.
(3) A sole trader, which is a person providing services in the industry but without
employees, and who is registered with the Council shall pay a monthly
administrative levy to the Bargaining Council, which levy amount will be
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determined by the Bargaining Council from time to time, which amount will not be
less than R300 and not more than R500.
(4) Every employer shall, by no later than the 15th day of each month, forward to the
regional offices of the Council all contributions in respect of the preceding month
in the manner prescribed by the Council from time to time.
(5) Regardless of whether any amount is payable to the Council in terms of this
clause, every employer shall, by no later than the 15th day of each month,
forward to the Council in respect of the preceding month and in the manner
indicated therein, the statement referred to in sub-clause (4) hereof.
(1) Every employee who, prior to the date of coming into operation of this
Agreement, was in receipt of a higher rate than that prescribed in this Agreement
for the class of work upon which he is employed shall continue to receive not
less than such higher rate while he is employed by the same employer on the
same work or any other work for which a minimum rate is prescribed in this
Agreement, subject to clause 5 of Part 2.
(2) No employee shall be employed in more than one occupation defined in this
Agreement at different rates of pay, in any one week, including any overtime
worked, or in a higher-paid occupation, unless payment is made as if such
employee had been employed for the whole of that week in the highest-paid
occupation: Provided that if an employee who normally earns a lower rate of pay
than a driver, and performs the work of a driver, such employee shall be paid at
the higher rates only in respect of time actually engaged in such occupation,
except that if such an employee performs the work of a driver for more than three
hours in any one day, he shall be paid at the higher rates for the whole of such
day.
(1) Subject to the provisions of Clause 6, no employer shall pay, and no employee
shall accept wages at rates lower than the following:
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The areas falling under each Tier are attached to this Agreement as
ADDENDUM 3.
Master Installation
Electrician 40 148,93 134,03 119,14
* Master Installation
Electrician R40 148,93 134,03 119,14
Installation
Electrician/Foreman 41 137,15 123,44 109,72
* Installation
Electrician/Foreman R41 137,15 123,44 109,72
Electrical Tester for Single
Phase 39 125,16 112,65 100,13
* Electrical Tester for
Single Phase R39 125,16 112,65 100,13
Electrician, Artisan & DAM 42 119,11 107,20 95,29
* Electrician, Artisan &
DAM R42 119,11 107,20 95,29
Driver up to 3 500kg 45 49,84 44,86 39,87
* Driver up to 3 500kg R45 49,84 44,86 39,87
Driver 3 501kg to 16 000kg 46 58,96 53,06 47,17
* Driver 3 501 to 16000 R46 58,96 53,06 47,17
Driver 16 001kg and over 47 64,01 57,61 51,21
* Driver 16 001 kg and over R47 64,01 57,61 51,21
Elconop 3 43 86,76 78,08 69,41
* Elconop 3 R43 86,76 78,08 69,41
Elconop 2 44 76,14 68,52 60,91
* Elconop 2 R44 76,14 68,52 60,91
Elconop 1 48 47,99 43,19 38,39
* Elconop 1 R48 47,99 43,19 38,39
Electrical Assistant 49 41,01 36,91 32,81
* Electrical Assistant R49 41,01 36,91 32,81
**General Assistant 95 30,74 27,66 24,59
Storeman 93 47,99 43,19 38,39
*Storeman R93 47,99 43,19 38,39
Apprentice Stage 4 54 83,37 75,04 66,70
Apprentice Stage 3 53 59,57 53,61 47,65
Apprentice Stage 2 52 53,59 48,24 42,88
Apprentice Stage 1 51 45,25 40,72 36,20
Domestic Appliance
Repairer 59 56.01 50.40 NA
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(2) In the event of any Municipal area being omitted from any Tier, the Council
shall determine under which Tier such area should be placed, within 30
calendar days of being notified of such omission.
(3) Provided that where an employer carries out work in an area for which higher
wages are prescribed than those which apply for the area in which his business
is situated, his employees shall be paid no less than the minimum wages
prescribed for such higher rated area for the duration or period during which
such an employee works in such higher-rated area.
Every employee covered by this Agreement will be entitled to the following minimum
and actual wage increases for the duration of the Agreement as set out below:
(3) For Minimum Wages and Actual wage increases, it is agreed that should the
annual CPI of August be below 4% or above 9% in any given year the parties
will meet to negotiate the wages only for the applicable year for minimum and
prescribed wages.
(4) The Parties to the Council acknowledges that commencing the Agreement on
the 1st of March 2023 deprives the employees of one month’s wage increase in
the new Collective Agreement cycle. To this end, the Parties have agreed that if
the Agreement is published with effect from 01 March 2023, or on a later date,
that employers shall be required to grant an additional increment of one twelfth
(1/12th) of the applicable wage increase for each month that the publication is
delayed, up to a maximum of four months.
(i) For example, the CPI is 7.8% and therefore the wage increases for
employees earning the minimum wage is CPI plus 1% (8.8%), and the
employer only increases the wages on the 1st of March 2023, then they
would have to pay an additional 0.7333% (i.e., 8.8% /12 months) for each
of the remaining months.
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(5) Any increase granted on or after 1 January 2023 may be off set when
calculating the wage increases.
6. CATCH-UP ARRANGEMENT
(1) In order to achieve the change from 15 wage areas to 3 wage tiers, different
areas would need to adjust their minimum wages at different percentage rates
over time to achieve the new prescribed minimum wages.
(2) In order to move towards the new minimum wages, the wages in any area that
is required to be enhanced to reach the target minimum wage, will be adjusted
by a maximum of a further 1.75% in any given year of the Collective Agreement
until the target minimum wage in each tier has been achieved.
(3) It is further noted that any employee who, at the time of publication of this
Agreement, is already on a minimum rate (applicable to their area), the rate of
increase will be that applicable to the current minimum wage but only for the
first year of the Agreement.
7. LEAVE BONUS
The criteria to qualify for a leave bonus is set out in sub clauses 1 to 4
(1) Any period of employment prior to the date of coming into operation of this
Agreement shall count as part of the qualifying period in terms of sub-clause
(6).
(2) An employee shall not be entitled to receive a leave bonus in terms of this
clause unless the employee has completed 200 shifts in the current leave
cycle with the same employer and is in service at the time that the bonus is
due and payable.
(3) Notwithstanding the provisions of sub-clauses (2) and (7), no employee for
whom wages are prescribed in this Agreement shall be entitled to a leave
bonus if he has absconded or is dismissed following a fair disciplinary enquiry
or who has failed to complete 235 shifts with the same employer during his
first year of service: Provided that an employee who has completed 235 shifts
with the same employer, but who resigns, absconds or is dismissed before his
annual leave is granted to him, shall be paid the leave bonus due in terms of
sub-clause (6).
(4) (a) Periods of absence on account of sickness aggregating not more than
18 shifts in any one qualifying period for the leave bonus shall count as
shifts for the leave bonus requirement of sub-clause 2: Provided that an
employer shall be entitled to call upon the employee for a medical
certificate as proof of cause of absence.
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(b) Periods of absence on account of an accident arising out of and in the
course of the employee's employment shall count for leave bonus
purposes if such accident has been admitted as falling within the
provisions of the Compensation for Occupational Injuries and Diseases
Act, 1993, and the periods of absence counting for purposes of the leave
bonus shall be the periods of disablement admitted by the said Act.
The criteria to calculate the leave bonus is set out in sub clauses 5 to 7
(5) (i) Every employee for whom wages are prescribed in this agreement shall
be entitled to the equivalent of 16 days remuneration for purposes of
leave bonus calculation provided that all employees that are already
enjoying a better benefit will retain the benefit on condition that they stay
with the same employer.
(ii) The first period of sick leave or unauthorised leave within a 10-week
cycle shall not affect the leave bonus payable. Thereafter each
additional day of sick leave or unauthorised leave within a period of 10
weeks shall reduce the (16) sixteen days used for leave bonus
calculation purposes by (1) one day for each day absent.
(6) Any employee whose category changes from a lower to a higher category
during any leave cycle shall, on qualifying for leave, receive a leave bonus
calculated on a pro rata basis on the number of days completed in each
category.
(7) An employer shall pay an employee whose services are terminated as a result
of a no-fault dismissal; a pro rata leave bonus in accordance with the following
formula:
(number of completed working days with employer in present leave bonus days
applicable to leave cycle) X (such employee’s daily remuneration)
__________________________________________________________
235
P a g e | 75
PART III
SICK BENEFIT FUND RULES FOR THE NATIONAL BARGAINING
COUNCIL FOR THE ELECTRICAL INDUSTRY OF S.A.
TABLE OF CONTENTS
CLAUSE PAGE
3. OBJECTIVE 77
4. MEMBERSHIP 77
5. CONTRIBUTIONS 78
6. BENEFITS 78
8. PAYMENT PROCEDURES 79
9. INDEMNITY 80
10. EXCLUSIONS 80
11. EXEMPTIONS 82
P a g e | 76
1. ADMINISTRATION OF THE FUND
(1) The Fund shall be administered by the Council in accordance with the rules
which it may make from time to time for those purposes (“the Rules”), and all
monies of the Fund shall be administered, invested and paid out in accordance
with the Sick Benefit Fund Constitution.
(2) The Council hereby delegates powers to the Regional Sick Benefit Fund
Committees to administer the Sick Benefit Fund in terms of the Council’s
Constitution.
(1) Each Regional Sick Benefit Fund Committee shall be appointed by its respective
Regional Committee of the Council, annually, in terms of the Sick Benefit Fund
Constitution.
3. OBJECTIVE
The main object of the Fund is to compensate members for loss of earnings due to
unemployment caused by illness and injury.
4. MEMBERSHIP
(1) Membership of the Fund shall be compulsory for all employees for whom wages
are prescribed in Part II of the Main Collective Agreement.
(2) Membership of the Sick Fund shall terminate immediately a member ceases to
be employed in the Electrical Industry or upon dissolution of the Fund.
(3) An employer may, in respect of his employees employed in the Industry whose
wages are not specified in the Collective Agreement but who otherwise comply
with the provisions of the Agreement, by mutual agreement with his employees,
join the Fund by making contributions from himself and those employees (or any
of them) in accordance with the provisions of Clause 6 of the rules. Upon receipt
of the completed application, the Council shall receive contributions from that
employer, and the provisions of this Agreement shall thereupon in the same way
apply to the employer and the employees concerned and be observed by them.
P a g e | 77
5. CONTRIBUTIONS
(1) The total contribution payable weekly is 0.6% of the normal actual wages of the
employee excluding overtime. The employer shall contribute 0.3% to the Fund
weekly and the employee shall contribute 0.3% to the Fund weekly.
(2) The total sum of 0.6% shall be paid to the Council by not later than the 15th day
of each month in respect of the preceding month’s contributions.
6. BENEFITS
Every member in respect of whom contributions have been made in terms of Clause 5
shall be eligible for the following benefits set out in the table below in respect of each
working day, excluding public holidays, that he is absent (owing to illness or injury) in
an annual leave cycle of 365 calendar days: (read with Clause 8).
P a g e | 78
7. GENERAL PROVISIONS RELATING TO THE ADMINISTRATION OF
CLAIMS
(a) the requisite claim form accompanied by, an authentic medical certificate
from the date of commencement of sick leave; regardless of the period of
absence;
(b) the claimant has been declared unfit for duty and booked off for at least part
of a working day (see (h) below) by a registered medical practitioner/ nurse;
(c) the claim must have been lodged within 90 days of the first absence from
employment due to illness and/or injury;
(d) contributions must be up to date and no claim shall be accepted for periods
for which contributions are in arrears;
(e) all valid claims will be paid in respect of any period of authorised absence
from the commencement of employment up to a maximum of 130 days in
any 365-days cycle;
(f) a claim will be paid from the date of consultation to and including the last
working day immediately prior to the employee being declared fit for duty as
stated on the medical practitioner’s certificate;
(g) where an employee works a part of the shift on the day he is first absent, it
shall count as a day of absence due to sickness, and that part of the shift,
shall be paid for by the Fund;
(h) all valid claims will be paid in respect of any annual leave period in which
an employee was declared unfit for duty.
8. PAYMENT PROCEDURES
(1) In respect of the first 10 qualifying working days per annum, that the employee is
absent, the employer shall pay 100% of the employee’s normal wage to the
employee less statutory deductions. (i.e., Pension / Provident, ECA Levies, SBF,
Council Levies and tax) The employer shall claim the wages back from the
Council by completing the necessary prescribed claim form, by attaching the
relevant documentation and proof of payment to the employee. Both the
employer and employee should complete the claim form.
(2) For the subsequent 11 – 30 qualifying days per annum, 60% of the normal wage
shall be paid directly to the employee by the Fund after the necessary claim form
and relevant documentation has been completed by both the employer and
employee.
P a g e | 79
(3) For the subsequent 31 – 130 qualifying days per annum, 33% of the normal
wage is paid directly to the employee after the necessary claim form and relevant
documentation has been completed by both the employer and employee.
(4) Notwithstanding sub-clause 8(2) and 8(3) above, nothing precludes an employer
from paying the employee the applicable percentage wage and claiming such
from the Fund, provided that satisfactory proof is submitted to the Fund.
(5) All applications shall include the required FICA documents and no payment shall
be affected without same.
9. INDEMNITY
10. EXCLUSIONS
(a) for more than 130 days in any calendar year, calculated from the first day in
respect of which the employee is entitled to sick pay;
(b) if the employer is not up to date with the Sick Benefit Fund contributions;
P a g e | 80
(f) if an employee suffers from injury for which a third party is liable to pay or
does pay compensation to him;
(g) while he or she undergoes treatment prescribed by any person other than a
registered medical practitioner/nurse;
(h) if he or she fails to provide the Regional Committee with any relevant
information which it may require;
(i) if he or she is found by the Sick Benefit Fund Committee to be fit to resume
employment or to be permanently disabled, in which event he or she shall
cease to be entitled to sick pay from a date determined by the risk benefit
underwriter or an expert for this purpose; and
(m) for an injury inflicted by any military or usurped power, whether or not there
has been a declaration of war, or due to riots or civil commotion or
engaging in fighting;
(n) at any time when the amount to the credit of the Fund drops below R500
000.00 and until such time as the amount to the credit of the Fund exceeds
R1 000 000.00;
(o) notwithstanding the aforesaid, in the event that the credit of the Fund drops
below the threshold of R500 000.00, the Fund may at its discretion,
immediately revoke payments and benefits only in respect of claims
submitted for periods of 1 and 2 days. The Fund shall reinstate these
benefits when the credit exceeds the threshold limit;
(p) for claims submitted for absences for part of a day in instances of medical
treatment and the claimant has not been declared unfit for duty and booked
off;
(q) If the Sick Benefit Fund Committee requires the member to undergo an
independent medical examination at the cost to the fund and the member
unreasonably refuses to undergo such an examination;
(r) no Sick Fund benefits shall be payable in respect of paid public holidays
specified in the Main Collective Agreement for the industry.
(2) The fund shall be entitled to recover any amount paid to any employee –
P a g e | 81
(a) In consequence of false information furnished to the Fund by or on behalf of
such employee;
(b) If the employee fails to notify the fund timeously of any change in
circumstances which could lead to the amount of the benefits being
reviewed or withdrawn, in which event the Fund may claim for the
employee any amount overpaid to him; and
(c) Should a member follow any remunerative occupation with any employer
during the period he is in receipt of benefits.
(4) An appeal against a decision not to pay a claim or part of a claim must be made
in writing to the Sick Benefit Fund Committee and the decision of the National
Sick Benefit Fund Committee shall be binding.
11. EXEMPTIONS
(1) The Council shall consider all applications for exemption from any of the
provisions of this Agreement for any good and sufficient reason.
(2) All applications for exemption shall be in writing (on an application form as
provided by the Council) and shall be addressed to the Council for consideration.
(3) All other provisions of Clause 49 - Exemptions of the Main Collective Agreement,
shall apply in respect of exemption applications made in terms of this
Agreement.
The benefits provided by the Fund shall not be transferable. However, the Sick Benefit
Fund Committee shall be entitled to exercise its discretion in relation hereto.
The new agreement will have no force and effect unless it is published by the Minister
of Labour in the Government Gazette and extended to non-parties.
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ADDENDA
TABLE OF CONTENTS
ADDENDUM 1 84
Pro forma fixed term contract guideline
ADDENDUM 2 85-87
Temporary employment services (TES) form
ADDENDUM 3 88-100
Tiers
ADDENDUM 4 101-103
Offices of the Bargaining Council
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ADDENDUM 1
________________________________________________________________
(Hereinafter referred to as the “employee”)
And
________________________________________________________________
(Hereinafter referred to as the “employer”)
(a) The employer and the employee hereby enter into an employment contract on the following terms and
conditions:
It is hereby confirmed that __________________________ has been offered employment with this firm as a
_______________________________________.
The contract shall run from the __________(date) until (delete option below which is not applicable):
(b) On completion of the contract, your employment shall be automatically terminated. Such termination shall
not be construed as a dismissal but as completion of your employment contract. This however does not
preclude the employer’s right to terminate this contract without notice for any good cause recognised by law,
i.e., misconduct, incapacity, or operational requirements.
(c) Should it be necessary to reduce staff during the contract period, you shall be consulted, and if you are one
of those employees to be retrenched, you shall be given at least 5 working days’ notice of the employer’s
intention to terminate your employment contract.
(d) You shall be paid at the rate of R________ per hour, and your working hours shall be Monday to Friday from
___________ a.m. to __________________ p.m.
(e) If necessary, you may be required to work overtime, for which you shall be paid the rates prescribed in the
Main Collective Agreement of the National Bargaining Council for the Electrical Industry.
(f) UIF and other contributions, as prescribed by the relevant Agreement or Regulations, shall be deducted
from your wages each week.
(g) Your terms and conditions of employment shall be in terms of the Agreements of the National
Bargaining Council for the Electrical Industry, which are binding on us, and may vary from time to time.
I (the employee) acknowledge that I understand the contents of this contract and sign acceptance hereof.
P a g e | 84
ADDENDUM 2
This form must be completed by the Employer (Client) using the services of the TES and the
TES employees, and returned to the Council within 5 working days after the commencement
of utilising the employees of the TES.
Please note that it is the responsibility of the employer (client) to advise the Council monthly of
any changes in the status of temporary employment services employees in his/her staff
complement.
TES DETAILS:
Name of TES
Postal Code
Telephone No of TES
Fax No of TES
Postal Code:
Telephone No:
Fax No:
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between Client and TES
Number of employees from TES to be
employed:
Sufficient proof provided to Employer (Client) by TES of the following:
Registered with UIF, COIDA, Council: Yes No
Letter of Good standing provided by Council: Yes No
EMPLOYEE(S) DETAILS:
Name of Employee:
Occupation/Category of Employment
EMPLOYEE(S) DETAILS:
Name of Employee:
Telephone Number
Occupation/Category of Employment
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We, the undersigned declare that the above information is true and correct.
NB: PLEASE ATTACH ADDITIONAL COPIES OF THIS PAGE IF MORE EMPLOYEES ARE
EMPLOYED THAN PROVIDED FOR IN THE ABOVE SPACES.
P a g e | 87
ADDENDUM 3
“Tier 1” means Areas that have the highest paying minimum wages for every
category of employment.
“Tier 2” means Minimum wages are based on 90% of the published wage rates for
Tier 1.
“Tier 3” means Minimum wages are based on 80% of the published wage rates for
Tier 1.
In the event of any Municipal area being omitted from any Tier, the Council shall
determine under which Tier such area should be placed, within 30 calendar days of
being notified of such omission.
Metropolitan/District
Local Municipality
Province Municipality Tier 1
100%
GAUTENG City of Ekurhuleni Alberton, Bakerton, Bedfordview, Benoni,
Metropolitan Birchleigh, Boksburg, Brakpan, Clayville,
Municipality Daveyton, Dunnottar, Edenpark,
Edenvale, Geduld, Germiston, Katlehong,
Kempton Park, Kwa-Thema,
Machenzieville, Nigel, Olifantsfontein,
Springs, Spruitview, Reiger Park,Tembisa,
Tokoza, Tsakane, Vosloorus, Vorsterkroon
City of Alexandra, Chiawelo, Diepkloof, Diepsloot,
Johannesburg Eldoradopark, Ennerdale, Evans Park,
Metropolitan Johannesburg, Johannesburg South,
Municipality Kwaxuma,Lawley, Lenasia, Lenasia
South, Meadowlands East, Meadowlands
West, Midrand, Moroka, Newlands,
Orange Farm, Orange Grove, Orlando
East, Pimville, Randburg, Roodepoort,
Sandton, Soweto,Weldevredenpark
City of Tshwane Akasia, Atteridgeville, Bronkhorstspruit,
Metropolitan Centurion, Cullinan, Ekangala, Ga-
Municipality Rankuwa, Garsfontein, Hammanskraal,
Irene, Kudube, Mabopane, Mamelodi,
Pretoria, Pretoria Central,Pretoria East,
Pretoria North, Pretoria West, Rayton,
Refilwe, Roodeplaat, Soshanguve,
Temba, Winterveldt, Wonderboom
Sedibeng District De Deur/Walkerville, Devon, Eikenhof,
Municipality Evaton, Heidelberg, Meyerton, Nigel,
Sebokeng, Vaal Marina, Vaal Oewer,
Vanderbijlpark, Vereeniging, Vischkuil
Emfuleni Local Evaton, Sebokeng, Vaal Oewer,
Municipality Vanderbijlpark, Vereeniging
Lesedi Local Municipality Devon, Heidelberg, Nigel, Vischkuil
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De Deur/Walkerville, Eikenhof, Meyerton,
Midvaal Local Municipality
Vaal Marina
West Rand District Blyvooruitsig, Carletonville, Fochville,
Municipality Krugersdorp, Magaliesburg, Muldersdrift,
Randfontein, Wedela, Westonaria
Merafong City Local
Carletonville, Fochville, Wedela
Municipality
Mogale City Local Hekpoort, Kagiso, Krugersdorp,
Municipality Magaliesburg, Muldersdrift
Rand West City Local
Randfontein, Westonaria
Municipality
KWAZULU eThekwini Ethekwini Amalanga, Amanzimtoti, Amaotana,
NATAL Berea, Blackburn, Bluff, Cato Ridge,
Cele/Vumengazi, Chatsworth, Cibane,
Clermont, Clifton Canyon, Craigieburn,
Dassenhoek, Desainager, Durban, Durban
International Airport, Durban North,
Durban South, Emalangeni, Embo/Nksa
Isimahla, Emona, Ethekwini, Everton,
Ezembeni, Folweni, Gcumisa, Genazzano,
Gillitts, Glenashley, Golokodo-Ensimbini,
Hambanathi, Hammarsdale, Hillcrest,
Ilanga, Ilfracombe, Illovo North, Illovo
South, Inanda, Inchanga, Iqadi, Isipingo,
Isipingo Beach, Kingsburgh, Klaarwater,
Kloof, KwaDabeka, KwaMashu,
KwaNdengezi, La Mercy, Lotus Park,
Luganda, Luthuli/Umnini Trust, Magabeni,
Malagazi, Mangangeni/Vumazonke,
Maphephetha, Mariannhill, Mawotana,
Mawothi, Molweni, Mount Edgecombe,
Mount Moreland, Mpolo, Mpumalanga,
New Germany, Newlands East, Newlands
West, Ngcolosi, Ngqungqulu, Ntuzuma,
Oceans, Outer West Durban, Phoenix,
Pinetown, Prospecton, Qadi, Qiniselani
Manyuswa, Queensburgh, Redcliffe,
Roseneath, Sapref, Shallcross,
Sobonakhona, Thoyana, Tongaat,
Tongaat Beach, Tshelimnyama,
UmgogintwiniUmbumbulu, Umdloti,
Umgababa, Umhlanga, Umkomaas,
Umlazi, Verulam, Waterfall, Westbrook,
Westville, Ximba
Ilembe District Kwadukuza Dolphin Coast/Ballito, KwaDukuza,
Nkwazi/Zinkwazi Beach
Ndwedwe Ndwedwe
Maphumulo Maphumulo
Mandeni Isithebe, Mandeni
uMgungundlovu
Mkambathini Camperdown
District
Msunduzi Ashburton, Pietermaritzburg
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Richmond Richmond
uMngeni Hilton, Howick
uMshwathi Cool air, Dalton, New Hannover, Wartburg
Impendle
Mpofana
Amajuba District Dannhauser
eMadlangeni
Newcastle
Dr Nkosazana Dlamini
Harry Gwala District Zuma
Greater Kokstad
Ubuhlebezwe
Umzimkulu
King Cetshwayo
City of Umhlathuze
District
Mthonjaneni
Nkandla
uMfolozi
uMlalazi
Ugu District Ray Nkonyeni
Umdoni
Umuziwabantu
Umzumbe
uMkhanyakude
Big 5 Hlabisa
District
Jozini
Mtubatuba
uMhlabuyalingana
uMzinyathi District Endumeni
Nquthu
uMsinga
Umvoti Greytown, Kranskop
uThukela District Alfred Duma
Inkosi Langalibalele
Okhahlamba
Zululand District AbuQulusi
eDumbe
Nongoma
Ulundi
uPhongolo
Nkangala District Victor Khanye Local
Ackerville, Delmas, Eloff, Kendal, Sundra
MPUMALANGA Municipality Municipality
P a g e | 90
Thembisile Hani Local
Municipality
WESTERN City of Cape Town City of Cape Town Athlone, Atlantis, Belhar, Belville,
CAPE Metropolitan Metropolitan Municipality Blackheath, Blouberg, Bloubergrant, Blue
Municipality Downs, Brackenfell, Camps Bay, Cape
Point, Cape Town, Claremont, Constantia,
Delft, Durbanville, Edgemead, Elsies
Rivier, Eppindust, Fairways,Fish Hoek,
Goodwood, Grasy Park, Guguletu, Hout
Bay, Khayelitsha, Kalk Bay, Kommetjie,
Kraaifontein, Kuils River, Langa,
Macasser, Matroosfontein, Melkbosstrand,
Milnerton, Mitchell's Plain, Muizenburg,
Noordhoek, Nyanga, Ottery, Parow,
Philadelphia, Phillippi, Plattekloof, Robben
Island, Scarborough, Simon's Town,
Southern Suburbs, Table View,
Welgemoed, Wetton, Woodstock,
Wynberg
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Overstrand Local Betty's Bay, Birkenhead, De Kelders,
Municipality Fishershaven, Franskraal, GansBaai,
Hawston, Hermanus, Kleinmond, Onrus,
Pearley Beach, Pringle Bay, Rooi-Els,
Sand Bay, Standford, Van Dyks Bay,
Vermont.
Theewaterskloof Local Bot River, Caledon/Myddleton, Grabouw,
Municipality Theewaterskloof, Villiersdorp.
Bergrivier Local
Velddrif
Municipality
Saldanha Bay Local Jacobs Bay, Langebaan, Paternoster,
Municipality Saldanha, St Helena Bay, Vredenburg.
Swartland Local Abbotsdale, Chatsworth, Darling, Grotto
Municipality Bay, Kalbaskraal, Malmesbury,
Moreesburg, Riebeeck Kasteel, Riebeeck
West, Riverlands, Yzerfontein.
Garden Route District Albertina, Boggoms Bay, Brandwag,
Municipality Brenton, Brenton-on-Sea, Buffels Bay,
Friemersheim, George, Great Brak River,
Herolds Bay, Jongens Fontein,
Keurboomstrand, Knoetzie, Knysna,
Krantshoek, Kurland, Kwanokuthula,
Mossel Bay, Oudtshoorn, Plettenburg Bay,
Rheenedal, Riversdale, Sedgefield, Still
Bay, Victoria Bay, Vleesbaai, Wilderness,
Wittedrift.
Metropolitan/District
Local Municipality
Province Municipality Tier 3
EASTERN
Emalahleni Cacadu (Lady Frere), Dortrecht, Indwe
CAPE Chris Hani
Engcobo Engcobo
Enoch Mgijima Hofmeyer, Komani (Queenstown), Tylden,
Molteno, Sada, Sterkstroom, Tarkastad,
Whittlesea.
Intsika Yethu Cofimvaba, Tsomo
Cradock, Middelburg, Mount Zebra
Inxuba Yethemba
National Park
Sakhisizwe Cale, Khowa (Elliot)
Joe Gqabi Elundini Maclear, Mount Fletcher, Ugie
Barkly East, Lady Grey, Rhodes,
Senqy
Rossouw, Sterkspruit,
Walter Sisiulu Aliwal North, Burgersdorp, Jamestown,
Oviston, Steynsburg,Venterstad
OR Tambo Ingquza Flagstaff, Lusikisiki
King Sabat Dalindyebo Mqanduli, Mthatha (Umtata) (20km radius)
Mhlontlo Qumbu, Tsolo
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Nyandeni Libode, Ngqeleni
Port St. Johns Port St. Johns
Cookhouse, Pearston, Petersburg,
Blue Crane Route
Sarah Baartman Somerset East
Beyers Naude Aberdeen, Adendorp, Graaff-Reinet,
Jansenville, Kendrew, Klipplaat, Nieu-
Bethesda, Rietbron, Waterford,Willowford
Kouga Hankey, Loerie, Patensie
Koukamma Clarkson, Twee Rivier, Joubertina,
Kareedouw, Krakeel River, Louterwater,
Misgund, Nompumelelo, Sandrift, Storms
River,Woodlands
Alicedale, Salem, Makhanda
Makana
(Grahamstown), Riebeeck East, Sidbury.
Alexandria, Bathurst, Boknes/Cannon
Ndlambe Rocks, Bushmans River, Kenton-on-Sea,
Port Alfred, Seafield
Sundays River Valley Addo, Kirkwood, Peterson
Alfred Nzo Matatiele Cedarville, Maloti, Matatatiele
Ntabankulu Tabankulu
eMaxesibeni (Mount Ayliff), KwaBhaca
Umzimvubu
(Mount Frere)
Winnie Madikizela- Bizana
Madela
Cathcart, Kei Road, Keiskammahoek,
Amahlati
Amathole Stutterheim
Amatola Coastal, Kei Mouth, Komga,
Great Kei
Margan Bay
Mbhashe Dutywa, Elliotdale, Willowvale
Butterworth, Kentani (Centane),
Mnquma
Ngqamakhwe
Ngcushwa Hamburg, Peddie
Raymond Mhlaba Adelaide, Alice, Bedford, Fort Beaufort,
Hogsback, Middeldrift, Seymore
Fezile Dabi District
Mafube Local Municipality Cornelia, Frankfort, Tweeling, Villiers
FREE STATE Municipality
Moqhaka Local Kroonstad, Renovaal, Steynsrus,
Municipality Vierfontein, Viljoenskroon
Edenville, Heilbron, Koppies, Parys,
Ngwathe Local Municipality
Vredefort
Lejweleputswa
Tokologo Local
District Boshof, Dealesville, Hertzogville
Municipality
Municipality
Tswelopele Local
Bultfontein, Hoopstad
Municipality
Thabo
Bethlehem, Clarens, Fouriesburg, Golden
Mofutsanyana Dihlabeng Local
Gate Highlands National Park, Paul Roux,
District Municipality
Rosendal
Municipality
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Maluti-A-Phofung Local
Harrismith, Kestell, Phuthaditjhaba
Municipality
Mantsopa Local Excelsior, Hobhouse, Ladybrand, Thaba
Municipality Patchoa, Tweespruit
Nketoana Local
Arlington, Lindley, Petrus Steyn, Reitz
Municipality
Phumelela Local
Memel, Vrede, Warden
Municipality
Setsoto Local Municipality Clocolan, Ficksburg, Marquard, Senekal
Xhariep District Bethulie, Edenburg, Fauresmith, Gariep
Municipality Kopanong Local Dam, Jagersfontein,
Municipality Philippolis,Oranjekrag,Reddersburg,
Springfontein, Trompsburg, Waterkloof
Letsemeng Local Jacobsdal, Koffiefontein, Luckhoff,
Municipality Oppermansgronde, Petrusburg
Mohokare Local Rouxville, Smithfield, Van Stadensrus,
Municipality Zastron
Sedibeng District
Rensburg
GAUTENG Municipality
KWAZULU
NATAL
Capricorn District Blouberg Local
Alldays, Senwabarwana (Bochum)
LIMPOPO Municipality Municipality
Lepelle-Nkumpi Local
Zebediela
Municipality
Molemole Local Dendron, Koedoeskop, Morebeng
Municipality (Soekmekaar)
Polokwane Local
Marken,Thabamoopo
Municipality
Mopani District Ba-Phalaborwa Local Gravelotte, Leydsdorp, Lulekani,
Municipality Municipality Namakgale
Greater Giyani Local
Giyani
Municipality
Greater Letaba Local
Sekgosese
Municipality
Greater Tzaneen Local
Haenertsburg, Ritavi, Tzaneen
Municipality
Maruleng Local
Hoedspruit, Trichardtsdal
Municipality
Sekhukhune District Elias Motsoaledi Local Groblersdal, Moutse, Roossenekal,
Municipality Municipality Sekhukhuneland
Ephraim Mogale Local Letsitele, Marble Hall, Schuinsdraai Nature
Municipality Reserve
Fetakgomo Tubatse Local
Burgersfort, Ohrigstad, Steelpoort
Municipality
Makhuduthamaga Local
Nebo
Municipality
Vhembe District Collins Chabane Local
Hlanganani, Malamulele, Radium
Municipality Municipality
Makhado Local Municipalit Soutpansberg
Musina Local Municipality Musina
Thulamela Local Municipality Thohoyandou, Shayndima, Venda
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Waterberg District Bela-Bela Local
Bela-Bela, Pienaarsrivier, Settlers
Municipality Municipality
Lephalale Local
Ellisras, Lephalale
Municipality
Modimolle-Mookgophong Modimolle, Mookgophong (Naboomspruit),
Local Municipality Vaalwater
Mogalakwena Local
Mokopane (Potgietersrus)
Municipality
Thabazimbi Local Amandelbult, Mine Town,
Municipality Northam,Thabazimbi
MPUMALANGA Ehlanzeni District Bushbuckridge Local
Mapulaneng
Municipality Municipality
City of Mbombela Local
Mhala, Schagen
Municipality
Nkomazi Local Hectorspruit, Komatipoort, Malalane,
Municipality Marloth Park
Thaba Chweu Local Graskop, Lydenburg, Mashishing, Pilgrim's
Municipality Rest, Sabie
Gert Sibande Chief Albert Luthuli Local Carolina, Ekulindeni, Empuluzi,
District Municipality Municipality eManzana, Eerstehoek
Dipaleseng Local
Balfour, Greylingstad, Grootvlei
Municipality
Dr Pixley Ka Isaka Seme Amersfoort, Perdekop, Volksrust,
Local Municipality Wakkerstroom
Govan Mbeki Local
Municipality
Lekwa Local Municipality Morgenzon, Standerton
Mkhondo Local
Amsterdam, eMkhondo (Piet Retief)
Municipality
Msukaligwa Local Breyten, Chrissiesmeer, Davel, Ermelo,
Municipality Lothair
Nkangala District Dr JS Moroka Local
Mdala Nature Reserve
Municipality Municipality
Belfast, Dullstroom, Emgwenya (Waterval
Emakhazeni Local
Boven), eMakhazeni, BeNtokozweni
Municipality
(Machadodorp)
Emalahleni Local
Municipality
Steve Tshwete Local
Hendrina, , Pullens Hope, Rietkuil
Municipality
Thembisile Hani Local
KwaMhlanga, Mkobola
Municipality
Victor Khanye Local
Municipality
NORTHERN Frances Baard Dikgatlong Local
CAPE District Municipality Municipality
Magareng Local
Municipality
Phokwane Local
Municipality
Sol Plaatje Local
Municipality
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J John Taolo Gaetsewe Ga-Segonyana Local
DDistrict Municipality Municipality
Gamagara Local
Vanzylsrus
Municipality
Joe Morolong Local
Municipality
Namakwa District
Hantam Local Municipality Brandvlei, Onderste Doorns
Municipality
Kamiesberg Local
Municipality
Karoo Hoogland Local
Williston
Municipality
Khai-Ma Local Municipality Aggeneys, Pella, Pofadder
Nama Khoi Local
Municipality
Richtersveld Local
Richtersveld
Municipality
Pixley Ka Seme
Emthanjeni Local
District Britstown, De Aar, Hanover
Municipality
Municipality
Kareeberg Local
Carnarvon, Vanwyksvlei, Vosburg
Municipality
Renosterberg Local
Petrusville, Philipstown, Van der Kloof
Municipality
Siyancuma Local Campbell, Douglas, Griekwastad,
Municipality Schmidtsdrif
Siyathemba Local
Prieska
Municipality
Thembelihle Local
Hopetown, Strydenburg
Municipality
Hutchinson, Loxton, Richmond, Victoria
Ubuntu Local Municipality
West
Umsobomvu Local
Colesberg, Norvalspont, Noupoort
Municipality
ZF Mgcawu District
Kheis Local Municipality Brandboom, Groblershoop
Municipality
Dawid Kruiper Local
Municipality
Kai !Garib Local
Kenhardt
Municipality
Kgatelopele Local
Municipality
Tsantsabane Local
Municipality
Bojanala Platinum Kgetlengrivier Local
Derby, Koster, Swartruggens
NORTHWEST District Municipality Municipality
Madibeng Local
Schoemansville
Municipality
Moretele Local Municipality Moretel
Moses Kotane Local
Madikwe
Municipality
Rustenburg Local Municipality
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Dr Kenneth Kaunda
City of Matlosana Local
District
Municipality
Municipality
JB Marks Local
Municipality
Maquassi Hills Local Leeudoringstad, Makwassie, Witpoort,
Municipality Wolmaransstad
Dr Ruth Segomotsi
Greater Taung Local
Mompati District Pudimoe, Reivilo, Taung
Municipality
Municipality
Kagisano-Molopo Local
Piet Plessis, Pomfret
Municipality
Lekwa-Teemane Local
Bloemhof, Christiana
Municipality
Mamusa Local Municipality Amalia, Schweizer-Reneke
Naledi Local Municipality Huhudi, Stella, Vryburg
Ngaka Modiri Ditsobotla Local
Biesiesvlei, Coligny, Delareyville,
Molema District Municipality
Lichtenburg, Ottosdal, Sannieshof
Municipality
Mahikeng Local
Bophuhatswana, Slurry
Municipality
Ramotshere Moiloa Local
Groot Marico, Skuinsdrif, Zeerust
Municipality
Ratlou Local Municipality Disaneng, Kraaipan, Madibogo, Setlagole
Cape Winelands Breede Valley Local
De Doorns, Touws Rivier
District Municipality Municipality
Drakenstein Saron
Ashton, Bonnievale, Mc Gregor, Montagu,
Langeberg
Robertson.
Witzenburg Local
Op-Die-Berg, Prince Alfred Hamlet
Municipality
WESTERN Garden Route Calitz Dorp, De Rust, Dysselsdorp,
CAPE District Municipality Gouritsmond, Haarlem, Heidelberg,
Herbertsdale, Ladismith, Nature's Valley,
Slangrivier, Uniondale, Vanwyksdorp,
Witsand, Zoar
Overberg District Cape Agulhas Agulhas, Arniston, Bredasdorp, Elim,
Municipality Klipdale, Napier, Protem, Struis Bay,
Suiderstrand
Swellendam Local Barrydale, Buffeljagsrivier, Infanta,
Municipality Malgas, Suurbraak, Swellendam
Theewateskloof Local
Genadendal, Greyton, Riversonderend
Municipality
West Coast District Bergrivier Local Aurora, Eendekuil, Piketberg, Porterville,
Municipality Municipality Redelinghuys
Citrusdal, Clanwilliam, Elands Bay,
Cederberg Local
Graafwater, Lamberts Bay,
Municipality
Leipodville,Wupperthal
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Matzikama Local Bitterfontein, Doring Bay,
Municipality Ebenhaezer,Klawer, Kliprand, Koekenaap,
Lutzville, Molsvlei, Nuwerus, Putsekloof,
Rietpoort, Stofkraal, Strandfontein, Van
Rhynsdorp,Vredendal,
Saldanha Bay Local
Municipality
Hopefield
Swartland Local
Koringberg
Municipality
Northern Cape Namakwa District Alexander Bay, Bulletrap, Calvinia,
Municipality Carolusberg, Concordia, Eksteenfontein,
Garies, Hondeklip Bay, Kamieskroon,
Kleinzee, Koingnaas, Komaggas, Kuboes,
Leliefontein/Kamiesberg, Loeriesfontein,
Middelpos, Nababeep, Nieuwoudtville,
O'Kiep, Port Nolloth, Sanddrift, Springbok,
Steinkopf, Sutherland
MUNICIPAL Central Karoo Beaufort West Local Beaufort West, Merveville, Murraysburg,
AREAS IN District Municipality Municipality Nelpoort
WESTERN &
NORTHERN
CAPE
Laignsburg Local
Laingsburg, Matjiesfontein
Municipality
Prince Albert Local
Klaarstroom, Leeu Gamka, Prince Albert
Municipality
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ADDENDUM 4
PO BOX 31402
BRAAMFONTEIN
2017
PO BOX 31402
BRAAMFONTEIN
2017
3. BLOEMFONTEIN REGIONALOFFICE
PO BOX 1379
BLOEMFONTEIN.
9300
PO BOX 1220
PAROW
7499
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5. KWAZULU-NATAL REGIONAL OFFICE
PO BOX 19852
TECOMA
5214
PO BOX 12399
HATFIELD
0028
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9. POLOKWANE REGIONAL OFFICE
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SIGNED AT KENSINGTON AS AUTHORISED FOR AND ON BEHALF OF THE
PARTIES TO THE COUNCIL, THIS 20th day of February 2023.
_______________________________________________________
M STRATON - NATIONAL CHAIRMAN – NBCEISA - FOR ECA (SA)
___________________________________________________________
R MC ALPINE – NATIONAL VICE-CHAIRMAN – NBCEISA - FOR SAEWA
____________________________________________________________________
D VAN DEVENTER AND M MFIKOE – ACTING NATIONAL GENERAL SECRETARY
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