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2023 Main Collective Agreement 2023 Unplublished

The National Bargaining Council for the Electrical Industry of South Africa outlines a main collective agreement that includes terms of employment, wages, and various allowances applicable to employers and employees in the electrical industry. The agreement is effective until February 28, 2029, and covers aspects such as working hours, leave policies, and definitions relevant to the industry. Additionally, it includes addenda on fixed-term contracts and temporary employment services.
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0% found this document useful (0 votes)
25 views104 pages

2023 Main Collective Agreement 2023 Unplublished

The National Bargaining Council for the Electrical Industry of South Africa outlines a main collective agreement that includes terms of employment, wages, and various allowances applicable to employers and employees in the electrical industry. The agreement is effective until February 28, 2029, and covers aspects such as working hours, leave policies, and definitions relevant to the industry. Additionally, it includes addenda on fixed-term contracts and temporary employment services.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 104

NATIONAL BARGAINING COUNCIL FOR THE ELECTRICAL

INDUSTRY OF SOUTH AFRICA

MAIN COLLECTIVE AGREEMENT

SUMMARY TABLE OF CONTENTS

PARTS CONTENTS PAGES


Part I Scope of Application, Definitions, and General 6-67
Terms and Conditions of Employment

Part II Allowances, Wages, Bonuses 68-75


76-82
Part III National Sick Benefit Fund Agreement
ADDENDA ADDENDUM 1 – Fixed term contract guideline 83-103

ADDENDUM 2 - Temporary employment services


(TES) form

ADDENDUM 3 - Tiers

ADDENDUM 4 - Offices of the Bargaining Council

Page |1
ANNEXURE

NATIONAL BARGAINING COUNCIL FOR THE ELECTRICAL


INDUSTRY OF SOUTH AFRICA

in accordance with the provisions of the Labour Relations Act, 1995


made and entered into by and between the

Electrical Contractors' Association (South Africa)

(hereinafter referred to as the "employers" or the "employers’ organisation"),


of the one part, and the

South African Equity Workers' Association

(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.

Page |2
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

6. DAYS AND HOURS OF WORK 21

7. REFRESHMENTS BREAK 23

8. OVERTIME AND PAYMENT FOR WORK ON SUNDAYS AND


PUBLIC HOLIDAYS 23

8A. OVERTIME EXEMPTIONS 24

9. NIGHT WORK 26

10. KEEPING OF RECORDS 26

11. SHORT TIME 27

12 LAY – OFF 28

13. INCLEMENT WEATHER 29

14. CIVIL DISORDER 30

15. NATIONAL DISASTER MANAGEMENT ACT 30

16. PAYMENT OF REMUNERATION AND DEDUCTIONS 30

17. ANNUAL LEAVE AND ANNUAL SHUTDOWN 32

18. ADDITIONAL PAID LEAVE 34

19. FAMILY RESPONSIBILITY LEAVE 35

20. MATERNITY LEAVE 35

Page |3
21. ADOPTION LEAVE, COMMISSIONING PARENTAL LEAVE
AND PARENTAL LEAVE 36

22. TRADE UNION REPRESENTATIVES’ LEAVE 37

23. INJURY-ON-DUTY ALLOWANCE 38

24. EXTENSION OF INSURANCE COVER FOR INJURY ON DUTY 38

25. PAYMENT FOR PUBLIC HOLIDAYS 38

26. GENERAL CONTROL 39

27. TERMINATION OF EMPLOYMENT AND SEVERANCE PAY 39

28. TRANSFER OF CONTRACT OF EMPLOYMENT 40

29. INTEREST 41

30. TRADE UNION SUBSCRIPTIONS AND EMPLOYERS'


ORGANISATION LEVY 42

31. BENEFIT FUNDS 43

32. FIXED TERM CONTRACTS 43

33. REGISTRATION OF EMPLOYERS AND EMPLOYEES 45

34. COMPLIANCE BY CONTRACTORS SUBCONTRACTING


WORK TO ANOTHER PERSON OR TO A SUBCONTRACTOR
(INCLUDING TEMPORARY EMPLOYMENT SERVICES 47

35. TRAINING OF ELECTRICAL CONSTRUCTION OPERATORS 48

36. OUTWORK 49

37. PIECEWORK AND INCENTIVE PAYMENTS 49

38. EMPLOYMENT OF PERSONS UNDER 15 YEARS OF AGE 50

39. HIV POLICY 50

40. TEMPORARY EMPLOYMENT SERVICES 50

41. TEMPORARY EMPLOYMENT SERVICES PROVISIONS I.R.O.


EMPLOYEES EARNING BELOW THE EARNINGS THRESHOLD 51

42. PROHIBITION OF CESSION AND/OR SET OFF 52

Page |4
43. FIRST-AID 52

44. CERTIFICATE OF SERVICE 52

45. STORAGE, INSURANCE AND PROVISION OF TOOLS 53

46. ADMINISTRATION OF AGREEMENT 54

47. DESIGNATED AGENTS 54

48. TRADE UNION ACCESS 54

49. EXEMPTIONS 54

50. NEGOTIATING PROCEDURES 57

51. GENERAL RULES GOVERNING CONCILIATIONS &


ARBITRATIONS UNDER THE AUSPICES OF COUNCIL 58

52. RESOLUTION OF DISPUTES 58

53. ENFORCEMENT OF THE MAIN COLLECTIVE AGREEMENT 66

54. GENERAL 67

Page |5
.
1. SCOPE OF APPLICATION

(1) The terms of this Agreement shall be observed –

(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.

(4) The following categories are also excluded:


(i) Working employers
(ii) Administrative staff – Non-Electrical Workers
(iii) Managerial Employees.

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.

Page |6
3. INDUSTRIAL ACTION

No person bound by the provisions of this Agreement shall engage in or participate in


a strike or a lockout or any conduct in furtherance of a strike or a lockout in respect of
any matter regulated by this Agreement for its duration.

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.

“Act” means the Labour Relations Act 66 of 1995;

“apprentice” means an employee serving under a written contract of apprenticeship


registered with the relevant Sector Education Training Authority (SETA);

The definitions of the different stages of apprenticeship, as originally published under


the Conditions of Apprenticeship under the Manpower Training Act 1981 are the
following:

“Stage 1” – Wage equals 38% of wage of electrician


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

“Stage 2” – Wage equals 45% of wage of electrician


This stage shall not exceed 58 weeks. It commences on the day following successful
completion of modular test based on M0 – M3, as referred to above, and ends on
successful completion of Trade Test “A”.

“Stage 3” – Wage equals 50% of wage of electrician


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

“Stage 4” – Wage equals 70% of wage of electrician


This stage shall include a minimum of 17 weeks’ practical on the job experience in M4
– M6, demonstrating practical competence in each module, successful completion of

Page |7
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.

“certificate” means a certificate of registration issued in terms of Regulation 11(3) of


the Electrical Installation Regulations, 2009.

“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.

“domestic appliance mechanic (DAM)” or “refrigeration mechanic” means an


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

“domestic appliance repairer (DAR)” (applicable in the province of KwaZulu-Natal


only) means an employee engaged in -

(a) the following operations when performed in the workshops of an establishment in


connection with the repair of heating and/or drying and/or personal care
appliances of a load not exceeding five amperes, except in the case of domestic
heating appliances where the load does not exceed 15 amperes -

(i) repairing and/or replacing heating elements on appliances;

Page |8
(ii) repairing and/or replacing ceramic or other insulating spacers, including
fixing;

(iii) repairing and/or re-assembling heating element containers;

(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 –

(i) connecting cables of electromechanical devices;

(ii) adjusting vibration contracts to pre-set limits;

(iii) soft soldering by hand;

(iv) foiling windows.

“driver” means an employee engaged in driving a mechanical vehicle on a public


road who is in possession of a valid driver's licence issued under any Road Traffic
Ordinance.

“electrical assistant” means an employee who is engaged in any or all of the


following tasks:

(a) digging holes and trenches, planting poles, and laying cables in trenches;

(b) chasing and cutting walls and concrete floors for conduit;

(c) loading or unloading materials;

(d) stripping redundant installations and equipment incidental thereto from which the
supply cables have been removed;

(e) cleaning office and workshop areas;

(f) preparing refreshments;

(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;

(i) assisting with erecting and connecting luminaires and PV panels;

(j) assisting with operating a trenching machine once trained;

Page |9
(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.

“electrical construction operator level 1” (hereinafter referred to as `Elconop 1')


means an employee who has received on-the-job training by the employer and who
undertakes any of the following tasks and who may use the tools necessary to perform
such tasks:

(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;

(c) installing and connecting of socket outlets;

(d) erecting and connecting of luminaries and PV panels;

(e) operating a trenching machine;

(f) performing the work of an electrical assistant and general assistant;

(g) assisting a master installation electrician, an installation electrician, an electrical


tester for single-phase, an electrician or artisan and an Elconop 2 or Elconop 3,
but not performing any work individually, except as set out in (a) to (f) above.

“electrical construction operator, level 2” (hereinafter referred to as ‘Elconop 2’)


means an employee, who has attended the prescribed formal training course at an
institutionalised training centre accredited by a relevant Sector Education Training
Authority (SETA), has undergone on-the-job training and has successfully passed the
examination for Elconop 2 at an institutionalised training centre recognised by the
Council and accredited by a relevant SETA, and who may be engaged in any or all of
the following tasks, and may use the tools necessary to perform such tasks: Provided
such tasks are carried out only under the supervision of a master installation
electrician, an installation electrician, an electrical tester for single-phase, an
electrician/artisan or an Elconop 3 –

(a) placing and drawing in of conductors into wireways;

(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;

(c) installing of under floor heating systems;

P a g e | 10
(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;

(e) simple arc gas welding;

(f) performing the work of an electrical assistant, general assistant or Elconop 1;

(g) assisting a master installation electrician, installation electrician, electrical tester


for single phase, an electrician/artisan and an Elconop 3.

“electrical construction operator level 3” “electrical construction operator level 3”


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

(a) installing, wiring, and assembling main and sub-main distribution boards and
inverter systems;

(b) installation and maintenance of domestic, commercial, and industrial installations


(tubing, wiring and cables) from incoming mains to completed final circuits;

(c) wiring and connection of all circuits in domestic, commercial, industrial


installations (wiring and connection of all types of lights, socket outlet circuits,
stoves, hot water cylinders, pumps, air conditioning circuits and industrial
machines etc.);

(d) installation, maintenance, and repairs of single and three phase motor and
starter circuits;

(e) testing of installations under the direct supervision of a registered person;

(f) connection of transformers and ancillary circuits (such as CT’s PT’s low voltage
lighting etc.);

(g) where necessary performing the work of an Elconop 1 or Elconop 2.

“electrical contractor” means a person who undertakes to perform electrical


installation work on behalf of any other person but excludes an employee of such first
mentioned person.

P a g e | 11
“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

P a g e | 12
commercial installations and/or street lighting: Provided that such installation is
beyond the supply authorities point of supply.

For the purposes of this definition -

(i) electrical equipment includes:

(aa) electrical cables and overhead lines; and

(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 -

(aa) the manufacture, installation, repair and/or maintenance of lifts and


escalators;

(ab) the manufacture and/or assembly by the manufacturer of the


aforementioned electrical equipment and/or components thereof;

(ac) the wiring of or installation in motor vehicles of lighting, heating or other


equipment or fixtures, whether permanent or otherwise;

(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;

P a g e | 13
(b) any machinery which transmits electrical energy in communication, control
circuits, television, or radio circuits;

(c) an electrical installation on a vehicle, vessel, train, or aircraft; and

(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.

“electrician” means an employee who has completed an apprenticeship in terms of


either the former Manpower Training Act, 1981 in a trade relevant to the Industry, or
who has received training recognised by a relevant SETA as being sufficient to entitle
him to work as an electrician in the Industry.

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

“employer” means any person who employs or provides work for any person and
remunerates or expressly or tacitly undertakes to remunerate him or who permits any
person in any manner to assist him in the carrying on or conducting of his business
and includes temporary employment services as defined in the Act.

“establishment” means the place where the employer normally carries on his
business and where his wage records are kept.

“fixed term contract” means a contract of employment which terminates on the


occurrence of a specified event, the completion of a specified task or project, or on a
fixed date other than an employee’s normal or agreed-upon retirement age.

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

“Freedom of Association” means the right of an employee to join or not to join a


trade union of his choice, and the right of an employer to join or not to join an
employers’ organisation of his choice.

P a g e | 14
“general assistant” means an employee who

(a) is engaged in any or all of the following tasks:

(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;

(iii) loading or unloading materials;

(iv) stripping redundant installations and equipment incidental thereto from


which the supply cables have been removed;

(b) is employed on the following terms and conditions:

(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.

“independent appeals body” means any CCMA accredited person or persons


appointed by the Council in terms of Section 32 of the Labour Relations Act, 1995, as
amended, to hear and decide any appeal brought against the Council’s refusal of a
non-parties or a party’s application for exemption from the provisions of the Collective
Agreement and the withdrawal of such an exemption by the Council.

“installation electrician” means a person who has been registered as an installation


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

“installation work” means:

(a) the installation, extension, modification, or repair of an electrical installation;

(b) the connection of machinery at the supply terminals of such machinery; or

P a g e | 15
(c) the inspection, testing, and verification of electrical installations for the purpose
of issuing a certificate of compliance.

”Iron, Steel, Engineering and Metallurgical Industry” means (subject to the


provisions of any Demarcation Determinations made in terms of Section 76 of the
Labour Relations Act, 1956, and Section 62 of the Labour Relations Act, 1995), the
industry concerned with the production of iron and/or steel and/or the processing
and/or recovery and/or refining of metals (other than precious metals) and/or alloys
from dross and/or scrap and/or residues; the maintenance, fabrication, erection or
assembly, construction, alteration, replacement or repair of any machine, vehicle
(other than a motor vehicle) or article consisting mainly of metal (other than precious
metals) or parts or components thereof and structural metal work, including steel
reinforcement work; the manufacture of metal goods principally from such iron and/or
steel and/or other metals (other than precious metals) and/or alloys and/or the
finishing of metal goods; the building and/or alteration and/or repair of boats and/or
ships, including the scraping, chipping and/or scaling and/or painting of the hulls of
boats and/or ships; and general woodwork undertaken in connection with ship repairs,
and includes the Electrical Engineering Industry.

“lay–off” means the temporary suspension, without pay, of employment for a


minimum of five full consecutive shifts due to a reduction in the volume of work in an
establishment or section of an establishment or due to any other economic reason or
any other contingency or circumstances beyond the control of the employer.

“learner” means the person who is party to a learnership agreement with an


employer or group of employers, and an accredited training provider or a group of
accredited training providers in terms of the Skills Development Act,1998 as amended.

“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.

“master installation electrician” means a person who has been registered as a


master installation electrician in terms of the Electrical Installation Regulations,1992 or
2009, made under the Occupational Health and Safety Act, 1993, and who has been

P a g e | 16
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.

“regional exemption committee” means the exemption committee appointed by the


regional committee of the Council.

“regional sick benefit fund committee” means a Regional Committee established


by the Council.

“registered person” means a person registered in terms of Regulation 11 of the


Electrical Installation Regulations, 2009, as an electrical tester for single phase, an
installation electrician, or a master installation electrician, as the case may be.

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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:

(i) a housing or accommodation allowance, or subsidy or housing or


accommodation received as a benefit in kind;

(ii) car allowance or provision of a car, except to the extent that the car is
provided to enable the employee to work;

(iii) any cash payments made to an employee, except those listed as


exclusions below;

(iv) any other payment in kind received by an employee, except those listed as
exclusions below;

(v) employer’s contributions to medical aid, pension, provident fund, or similar


schemes;

(vi) employer’s contributions to funeral or death benefit schemes.

(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);

(ii) A relocation allowance;

(iii) Gratuities (for example, tips received from customers) and gifts from the
employer;

(iv) Share incentive schemes;

(v) Discretionary payments not related to an employee’s hours of work or


performance (for example, a discretionary profit-sharing scheme);

(vi) An entertainment allowance;

(vii) An education or schooling allowance.

“retrenchment” means a termination of employment due to the employer’s


operational requirements.

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“SAQA” means the South African Qualifications Authority under the National
Qualifications Framework Act 67 of 2008.

‘SBF’ means the National Sick Benefit Fund of the Council.

“SETA” means the Sector Education and Training Authority established in terms of
Section 9(1) of the Skills Development Act, 1998.

“shift” means a working day.

“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.

“specialised electrical installations” means electrical installations in

(a) hazardous locations as contemplated in SANS,10108;

(b) anaesthetising and medical locations as contemplated in SANS 10142 – 1;

(c) explosive atmospheres as contemplated in SANS 10086 – 1; or

(d) the petroleum industry as contemplated in SANS 10089 – 2.

“specified formal training” means a structured learning component and practical


work experience of a specified nature and duration, and culminates in a qualification
registered with SAQA.

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

(a) stacking and storage of materials, tools, and equipment;

(b) issuing and recording of materials;

(c) receiving and recording regular stock counts;

(d) recording of materials on site;

(e) control of materials in the store;

(f) checking and ascertaining the correctness of materials received; and

(g) issuing of such materials.

“suitable accommodation” means a hotel, boarding house, caravan, or other


suitable accommodation and in the event of a dispute regarding what is suitable
accommodation, the National Council shall give a ruling.

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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:

(a) as a substitute for an employee of the client who is temporarily absent; or

(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:

Tier 1 Tier 2 Tier 3


Areas that have the Minimum wages are Minimum wages are
highest paying minimum based on 90% of the based on 80 % of the
wages for every category published wage rates published wage rates for
of employment. for Tier 1. Tier 1.
The areas falling under each Tier are attached to this Agreement as
ADDENDUM 3.

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.

“working employer” means an employer or any partner in a partnership who does


manual work in the Industry, a sole proprietor, a working director or an employer who
is engaged in any work defined in this Agreement, and who is deemed to be an
employee in respect of whom contributions are required to be made in terms of this
Agreement and if he is a partner, a certified copy of the deed of partnership shall be
lodged with the Council.

“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.

6. DAYS AND HOURS OF WORK

(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;

(iv) on a Saturday, or Sunday;

(v) before 07:00 or after 17:00;

(aa) for more than five hours continuously without an uninterrupted


interval of not less than one hour, during which interval the
employee shall not be required or permitted to perform any work:
Provided that an employer may agree with a majority of his
employees to reduce the length of the interval to not less than
half an hour;

(ab) except as provided for in sub-clauses (v)(aa) or (v)(ac) hereof,


periods of work interrupted by intervals of less than one hour
shall be deemed to be continuous;

(ac) when, by reason of any overtime worked, an employer is


required to give an employee a second interval, such interval
may be reduced to not less than 15 minutes.

(b) Notwithstanding the provisions of Clause 6(1)(a), an employer must, by


declaration to the Council within 3 months of commencing operating a
business, elect its ordinary working hours. 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, and it may not then require or permit its
employees 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 (5) days in any one week, Mondays to Fridays;

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(iv) on a Saturday or Sunday;

(v) before 07:00 or after 17:00;

(aa) for more than five hours continuously without an uninterrupted


interval of not less than one hour, during which interval the
employee shall not be required or permitted to perform any work:
Provided that an employer may agree with a majority of his
employees to reduce the length of the interval to not less than
half an hour;

(ab) except as provided for in sub-clauses (vi)(aa) or (vi)(ac) hereof,


periods of work interrupted by intervals of less than one hour
shall be deemed to be continuous;

(ac) when, by reason of any overtime worked, an employer is


required to give an employee a second interval, such interval
may be reduced to not less than 15 minutes.

(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;

(iv) on a Saturday, or Sunday;

(v) before 07:00 or after 17:00.

(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.

8. OVERTIME AND PAYMENT FOR WORK ON SUNDAYS AND PUBLIC


HOLIDAYS

(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;

(e) Notwithstanding the provisions of sub-clause (2)(a) to (d) of this clause an


employee earning in excess of the earnings threshold as published by the
Minister of Employment and Labour in terms of Section 6(3) of the Basic
Conditions of Employment Act, 1997 [Earnings Threshold Determination],
as amended from time to time, shall not be entitled to be paid overtime
unless mutually agreed to with his employer.

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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.

8A. OVERTIME EXEMPTIONS

(1) In terms of Clause 8 of Part I of this Agreement, provision is made for a


maximum 10 hours of overtime to be worked per week.

(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;

P a g e | 24
(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.

(5) Exemption to work in excess of 15 hours per week shall be granted up to a


maximum period of TWO months in any CALENDAR YEAR.

(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.

(7) The Council shall, in determining whether or not to grant or to decline an


exemption application to work overtime in excess of 15 hours per week in terms
of sub-clause (4), consider all relevant factors which include but are not limited to
the following:

(i) the written and verbal substantiation provided by the applicant;

(ii) the duration of the exemption provision;

(iii) the terms of the exemption;

(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;

(v) the infringement of basic conditions of employment rights;

(vi) the fact that a competitive advantage may or may not be created by
granting such exemption;

(vii) the extent to which the exemption application undermines collective


bargaining and labour peace in the Electrical Industry;

(viii) any existing special economic or other circumstances which warrant the
granting of such exemption;

(ix) cognisance should be taken of contravening any other legislation by


granting an exemption, which include but are not limited to the
Occupational Health and Safety Act, the Basic Conditions of Employment
Act, and the Labour Relations Act.

(8) The decision of Council to grant or to decline an exemption application shall be


communicated to the applicant in writing within 14 days of the date of its decision
and a reason or reasons shall be provided for not granting an 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:

(a) the employee is compensated by the payment of an allowance, equal to


13.5% of such employees’ ordinary hourly rate of pay, in addition to the
wages he is to receive for the hours worked, which may be a shift
allowance, or by a reduction of working hours;

(b) transportation is available between the employee's place of residence and


the workplace at the commencement and conclusion of the employee's
shift.

(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:

(i) before the employee starts, or within a reasonable period of the


employee starting, such work, and

(ii) at appropriate intervals while the employee continues to perform such


work, and;

(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

(ii) it is practicable for the employer to do so.

(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.

10. KEEPING OF RECORDS

(1) Every employer shall keep a record containing at least the following information:

(a) the employee's name and occupation;

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(b) the time worked by each employee;

(c) the remuneration paid to each employee;

(d) the date of birth of each employee;

(e) any other prescribed information required in terms of legislation.

(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.

11. SHORT TIME

(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.

P a g e | 27
(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

(a) An employer shall be entitled to lay off an employee temporarily -

(i) On account of shortage of materials, due to circumstances beyond the


control of the employer. Provided that the employer gives his employees
two clear working days’ notice of his intention to lay them off.

(ii) On account of temporary shortage of work: Provided that the employer


gives his employees two clear working days’ notice of his intention to lay
them off.

(iii) On account of inclement weather as provided for in terms of Clause 13 of


this Agreement.

(iv) On account of any unforeseen contingencies and circumstances beyond


the control of the employer.

(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

P a g e | 28
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.

(e) Notwithstanding the provisions of Clause 36 (2), employees on lay–off may


engage in any other employment for remuneration during the duration of the lay–
off. Notwithstanding the provisions of Clause 36 (3), other employers in the
industry may employ such laid off employees.

(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.

13. INCLEMENT WEATHER

If, as a result of inclement weather conditions, 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
inclement weather, an employee shall be paid as follows:

(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.

15. NATIONAL DISASTER MANAGEMENT ACT, 57 of 2002

(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.

(2) In addition, in times of the declared national, provincial, or municipal disaster as


per the Disaster Management Act 57 of 2002, the National Committee of the
NBCEISA shall meet within 2 working days of such disaster being 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.

16. PAYMENT OF REMUNERATION AND DEDUCTIONS

(1) (a) Remuneration shall be paid weekly, fortnightly, or monthly as mutually


agreed upon by the employer and at least 66 per cent of his employees.
The employer shall notify the Council of the arrangement made for the
payment of remuneration within 30 days of agreement being reached.

(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

P a g e | 30
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:

(i) For canteen services, where the deduction is authorised by stop-order


terminable by the employee by giving not more than 28 days' notice of
the termination of his agreement to such deduction being made,

(ii) where an employee is absent from work, including absence during


any unpaid holiday granted in extension of the paid holidays provided
for in this Agreement, a pro rata amount for the period of such
absence,

(iii) with the written consent of the employee, deductions for insurance or
any other funds approved by the Council,

(iv) contributions to the funds of the Council in terms of Clauses 31 and 32


and Clause 2 of Part II of this Agreement,

(v) deduction of any amount which an employer is legally or by order of


any competent court required or permitted to make,

(vi) where an employer, owing to a clerical, accounting or administrative


error or miscalculation, pays an employee remuneration in excess of
the amount legally payable, the employer shall be entitled to recover
the amount of the overpayment by deduction from subsequent wages
or earnings, but no one deduction may exceed 15 per cent of the
employee's remuneration,

(vii) deductions for subscriptions to the trade union,

(viii) Whenever an advance or loan is made by an employer, at the request


of an employee, the employer may make deductions from such
employee’s subsequent wages or earnings, but no one deduction
shall exceed 15 per cent of the remuneration from which it may be
deducted: Provided that the employer may recover the full balance of
the amount owing if an employee’s services are terminated for
whatever reason.

(ix) Where monies have been advanced to an employee to expend in the


course of his duties for his employer, he may be required to render a
satisfactory account of expenditure to his employer. Should the
services of the employee be terminated and such monies not have

P a g e | 31
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.

(b) Notwithstanding the provisions of this clause relating to payment of


remuneration an employer may, by mutual arrangement with his
employees, pay any amount due to an employee in terms of this Agreement
by cheque or to the credit of such employee with a bank, or registered
deposit-receiving institution nominated by the employee, such payment into
a bank, or institution to include all payments due to the employee.

(c) In the event of the employment of an employee terminating before the


ordinary pay-day applicable in his case, all payments due to the employee
in terms of this Agreement shall be paid in accordance with the relative
requirements of this Agreement.

(d) Notwithstanding the provisions of Clause 17 and 18 of this Agreement


relating to payment of leave pay, payment of leave pay shall be made in
accordance with the provisions of this clause in the same manner as that in
which the employee is paid his remuneration.

(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.

17. ANNUAL LEAVE AND ANNUAL SHUTDOWN

(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:

(number of completed working days with employer in present cycle) x 15 x


(ordinary daily remuneration)
_____________________________________________
235

(iv) Where the employment of an employee is terminated after the completion


of 235 completed working days with an employer, but before the annual
leave has been granted to him, his employer shall-

(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.

(ii) The leave shall be granted by the employer so as to commence within a


period of four months of the due date.

(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.

(v) No employee shall engage in employment, whether for remuneration or not,


during the 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

P a g e | 33
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.

(2) Notwithstanding the provisions of sub-clause (1) an employer may elect to


observe an annual shutdown commencing in December of each year: Provided
that the following provisions shall be observed:

(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.

(b) Nothing contained herein shall operate to preclude an employer from


cancelling the annual shutdown, provided that:

(i) such cancellation has resulted from a change in the work schedule of
the establishment, and

(ii) notice of such cancellation is given prior to 1 October of the year


concerned.

(c) Notwithstanding any other provision of this Agreement, an employee who


has not qualified for leave pay at the date of the shutdown shall be paid a
proportionate leave pay as set out in sub-clause (a) above, irrespective of
any qualifying period specified in this Agreement.

18. ADDITIONAL PAID LEAVE

(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.

(b) The leave prescribed by sub-clause (a) hereof may be accumulated up to a


maximum of five weeks.

(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

P a g e | 34
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.

(e) An employee, as a result of mergers or take-overs, shall not lose his


qualification for the additional leave prescribed in sub-clause (a). The
provisions of Clause 27 of this Agreement shall apply.

(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.

19. FAMILY RESPONSIBILITY LEAVE

(1) During each leave cycle, an employee shall be entitled to a period of three days’
paid leave which may be taken-

(a) when the employee’s child is sick;

(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

(b) the employee's parent, adoptive parent, grandparent, child, adopted


child, grandchild, or sibling.

(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.

20. MATERNITY LEAVE

(1) An employee is entitled to at least four consecutive months' maternity leave.

(2) An employee may commence maternity leave:

(a) at any time from four weeks before the expected date of birth, unless
otherwise agreed; or

P a g e | 35
(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:

(a) commence maternity leave; and

(b) return to work after maternity leave.

(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

(b) if it is not reasonably practicable to do so, as soon as is reasonably


practicable.

(7) The payment of maternity leave benefits shall be determined by the Minister,
subject to the provisions of the Unemployment Insurance Act, 2001.

21. ADOPTION LEAVE, COMMISSIONING PARENTAL LEAVE AND


PARENTAL LEAVE

Every employee shall be entitled to the following leave:

(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).

(3) Parental leave benefits of up to 10 consecutive days per confinement/event


when an employee’s child is born, shall be accessed via the Unemployment
Insurance Fund, in terms of Section 25A of the Basic Conditions of Employment
Act, 1997, as amended.

22. TRADE UNION REPRESENTATIVES’ LEAVE

(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 -

(a) the trade union representative is appointed as an official delegate to this


Bargaining Council;

(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

(d) that such leave days may not be accumulated.

(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

Where an employer in terms of Section 47(3) of the Compensation for Occupational


Injuries and Diseases Act, 1993, is of a reasonable belief that an employee absent
from work resulting from an injury on duty shall be compensated under the said Act
and in respect of which a claim has been made under the Act, the employer shall pay
an amount to the employee equivalent to 75 per cent of the employees' ordinary
hourly rate for such absence up to a maximum period of three months from the date of
the accident. The employer shall recover this payment from the Compensation
Commissioner.

24. EXTENSION OF INSURANCE COVER FOR INJURY ON DUTY

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.

25. PAYMENT FOR PUBLIC HOLIDAYS

(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.

(d) Notwithstanding the provisions of sub-clauses (b) and (c) hereof, an


employee who is required by his employer to work on the working day
immediately prior to and/or succeeding a public holiday and who absents
himself on such working day(s) shall not be entitled to payment for such
public holiday: Provided that an employee shall be entitled to payment for
such public holiday where the employer has given permission for such
absence, or has condoned such absence, or where the employee was sick
and can produce a medical certificate as proof if so required by the

P a g e | 38
employer, or where the public holiday falls during the period of the annual
leave of the employee.

(e) Where an employer dismisses an employee because of operational


requirements, retrenchment or ill-health and the employment is terminated
within a period of five (5) working days prior to a public holiday, such
employer shall pay the employee in respect of the public holiday.

Where an employer dismisses an employee following an appropriate


disciplinary process and the employment is terminated within a period of
five (5) working days prior to a public holiday, such employer shall not be
required to pay the employee in respect of the public holiday.”

(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.

26. GENERAL CONTROL

A master installation electrician, an installation electrician, or an electrical tester for


single phase, shall exercise general control over all electrical installation work being
carried out, and no person shall allow such work without such control.

27. TERMINATION OF EMPLOYMENT AND SEVERANCE PAY

(1) A contract of employment terminable at the instance of a party may be


terminated on notice of not less than –

(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.

(2) Sub-clause (1) shall not affect-

(a) the right of an employer or an employee to terminate a contract of service


without notice for any good cause recognised by law as sufficient, and
provided that if an employee has been deemed to have absconded the
employer must follow a fair procedure recognised by law before deciding
whether or not to terminate their contract of employment.

(b) any agreement between an employer and an employee providing for a


longer period of notice than that contemplated by sub-clause (1).

(3) Instead of giving an employee notice in terms of sub-clause (1) or any


agreement, an employer may pay an employee the wages the employee would

P a g e | 39
have earned if the employee had worked during the prescribed or agreed period
of notice.

(4) Whenever a contract of service is terminable by notice in terms of sub-clause (1)

(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.

(5) In the case of a termination as a result of retrenchment, the employer-

(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.

28. TRANSFER OF CONTRACT OF EMPLOYMENT

(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 -

(a) the whole or any part of a business, trade or undertaking is transferred by


the old employer as a going concern, or

(b) the whole or any part of a business, trade or undertaking is transferred as a


going concern:

(i) if the old employer is insolvent and being wound up or is being


sequestrated, or

(ii) because a scheme of arrangement or compromise is being entered


into to avoid winding-up or sequestration for reasons of insolvency.

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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.

(b) If a business is transferred in the circumstances envisaged by sub-clause


(1)(b) above, unless otherwise agreed, the contracts of all employees that
were in existence immediately before the old employer's winding-up or
sequestration shall transfer automatically to the new employer, but all the
rights and obligations between the old employer and each employee at the
time of the transfer shall remain rights and obligations between the old
employer and each employee, and anything done before the transfer by the
old employer in respect of each employee shall be considered to have
been done by the old employer.

(3) An agreement contemplated in sub-clause (2) above shall be concluded with


the appropriate person or body referred to in Section 189(1) of the Act.

(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

P a g e | 41
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.

30. TRADE UNION SUBSCRIPTIONS AND EMPLOYERS’ ORGANISATION


LEVY

(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.

P a g e | 42
(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.

31. BENEFIT FUNDS

(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.

(4) Retirement Fund contributions shall be as follows:

(a) Total monthly contributions to the Pension/Provident Funds in respect of all


Regions are 15% (50% paid by the employee and 50% paid by the
employer).

(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.

32. FIXED TERM CONTRACTS

(1) The provisions of Section 198B of the Labour Relations Act, 1995 are
incorporated in this Agreement.

(2) This clause does not apply to:

(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

P a g e | 43
Conditions of Employment Act 75 of 1997 [Earnings Threshold
Determination];

(ii) Employers who employ fewer than ten employees;

(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.

(3) An employee can be employed on a fixed-term contract or successive fixed-term


contracts for longer than three months only if the nature of the work for which the
employee is employed is of a limited or definite duration, or if the employer can
demonstrate any other justifiable reason for fixing the term of the contract.

(4) A fixed-term contract for longer than 3 months shall only be justifiable if the
employee:

(i) Is replacing another employee who is temporarily absent from work;

(ii) Is employed on account of a temporary increase in the volume of work


which is not expected to endure beyond twelve months.

(iii) Is a student or recent graduate employed for the purpose of being trained
or gaining work experience to enter a job or profession.

(iv) Is employed to work exclusively on a specific project which has a limited or


defined duration. Notwithstanding this provision, an employer is permitted
to move an employee from one site to another provided that there are
justifiable reasons for doing so, namely, shortage of work, increase in the
volume of work, and skills required. Provided further that the duration of the
employee’s contract does not extend beyond the agreed contract period
unless the parties have agreed in writing to extend the contract.

(v) Is a non-citizen who has been granted a work permit for a defined period.

(vi) Is employed to perform seasonal work.

(vii) Is employed for the purposes of an official public works scheme or similar
public job creation scheme.

(viii) Is employed in a position funded by an external source for a limited period.

(ix) Has reached the normal or agreed-upon retirement age applicable in the
employer’s business.

(5) Employment on a fixed-term contract concluded or renewed in instances where


the employer cannot prove that the work the employee is employed to do is of a
limited or definite duration, or where the employer cannot demonstrate any

P a g e | 44
justifiable reasons for making the contract a fixed-term contract, shall be deemed
to be of an indefinite period.

(6) An offer to employ an employee on a fixed-term contract or to renew or extend a


fixed-term contract must be in writing and the reasons for fixing the period of the
contract must be stated.

(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.

(9) Employers who employ people on fixed-term contracts to work exclusively on a


specific project with a limited or defined duration exceeding 24 months must pay
the employee, on expiry of the contract, one week’s remuneration for each
completed year of the contract, calculated in accordance with Section 35 of the
BCEA.

(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.

33. REGISTRATION OF EMPLOYERS AND EMPLOYEES

(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:

P a g e | 45
(i) full name of business,

(ii) business address,

(iii) full names of owners/partners/directors/members,

(iv) residential address of owners/partners/directors/members,

(v) the registration fee determined by the Council from time to time and
provided that it shall not exceed R3 000.00;

(vi) the name of the registered person who is employed in a full-time


capacity, in terms of the Electrical Installation Regulations, 2009;

(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.

Documentation, as required in terms of the Financial Intelligence


Centre Act, 38 of 2001 (“FICA”) shall be submitted to the Council for
all new employer registrations. Currently registered employers shall
also be required to submit this information as and when required in
terms of legislation.

Any changes to the information that the Council has on files must be
furnished to it within 30 days of such changes.

(viii) an electrical contractor's certificate of registration issued by the Chief


Inspector, or a person appointed by him in terms of the Electrical
Installation Regulations, 2009, made under the Occupational Health
and Safety Act, 1993,

(ix) satisfactory proof of registration with the Unemployment Insurance


Fund, the Compensation Fund Commissioner, the relevant local
authority, and the South African Revenue Service. The requirements
prescribed by this paragraph shall be maintained during the period of
registration, and evidence of the continued validity thereof shall be
produced at the request of the Council. If there is any change to the
above requirements, the Council shall be notified within 30 days.

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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.

34. COMPLIANCE BY CONTRACTORS SUBCONTRACTING WORK TO


ANOTHER PERSON OR TO A SUBCONTRACTOR (INCLUDING
TEMPORARY EMPLOYMENT SERVICES)

No contractor shall enter into an agreement to subcontract electrical work to another


person, subcontractor, or temporary employment service that is subject to the
provisions of the Council’s Main Collective Agreement, unless at the time of entering
into the agreement, the contractor informs the Council of such agreement with the
subcontractor and the details of the site where the subcontractor is operational.

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

(1) Upgrade from Electrical Assistant to Elconop 1:

When an employer upgrades an employee from Electrical Assistant to Elconop


1, he shall inform the Council in writing within thirty days from the date thereof,
and apply to the Council for a new registration card to be issued to the
employee.

(2) Upgrade from Elconop 1 to Elconop 2:

When an employer wishes to upgrade an employee from Elconop 1 to Elconop


2, he shall arrange for the Elconop 1 to attend the prescribed formal training
course at an institutionalised training centre accredited by the appropriate
“SETA”. Should the Elconop 1 be successful in the examination, he shall from
the date of undertaking such examination be promoted to Elconop 2 and the
employer shall apply to the Council for a new registration card to be issued to
such employee.

(3) Upgrade from Elconop 2 to Elconop 3:

The provisions of sub-clause (2) above shall apply in upgrading an Elconop 2 to


an Elconop 3, save that the Elconop 2 must have been employed as an Elconop
2 in the Industry for a continuous period of at least 12 months.

(4) Requirements while undergoing training:

(i) The employee shall be remunerated as an Electrical Assistant whilst


undergoing on-site training to upgrade to an Elconop 1 and an employer
shall allow him to perform the duties of an Elconop 1 during this period.

The on-site training shall not exceed a period of three months.

Should the employee not be deemed to be competent as an Elconop 1 by


the employer at the end of the on-site training period, he shall immediately
revert to employment on the previous terms and conditions applicable to
him as an Electrical Assistant.

(ii) The employee shall be remunerated as an Elconop I whilst undergoing


formal training at an institutionalised training centre, to upgrade to an
Elconop 2;

The employee shall be remunerated as an Elconop 2 whilst undergoing


formal training at an institutionalised training centre, to upgrade to an
Elconop 3;

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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.

(iv) The provisions of sub-clause (4)(iii) above shall apply in upgrading an


Elconop 2 to Elconop 3.

(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

(1) No employee whilst in the employ of an employer shall solicit, undertake, or


perform any work other than on behalf of his own employer in the Electrical
Industry, whether for remuneration or not, during or outside of the ordinary
hours of work or working days prescribed in Clause 6 of this Agreement, save
that such employee may carry out work on his own premises outside of normal
working hours.

(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.

37. PIECEWORK AND INCENTIVE PAYMENTS

(1) The giving out by employers or the performance by employees of work on a


piecework basis is prohibited.

(2) Notwithstanding the provisions of sub-clause (1) of this clause, it shall be


permissible, by mutual agreement between any individual employer and his
employee, to introduce and to operate a system of incentive payments: Provided
that as a result of the introduction and operation of such system the
remuneration and other monetary benefits accruing to employees shall not be
less than those prescribed in this Agreement: Provided further that the other
provisions of this Agreement are adhered to in every respect: Provided further
that apprentices shall not be allowed to participate in such a system.

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38. EMPLOYMENT OF PERSONS UNDER 15 YEARS OF AGE

No employer shall employ any person under the age of 15 years.

39. HIV POLICY

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.

40. TEMPORARY EMPLOYMENT SERVICES

(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 -

(a) registration in terms of the Unemployment Insurance Act, 1966;

(b) registration in terms of the Compensation for Occupational Injuries and


Diseases Act, 1993;

(c) registration with this Council; and

(d) compliance with the provisions of this Agreement.

An employer who procures the services of an employee or employees from a


temporary employment service shall complete a form in the format of
ADDENDUM 2 of this Agreement in respect of each such employee, and such
form shall be signed by both the employer and the employee concerned
declaring that the particulars are correct.

(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

(f) the occupation applicable to the employee in terms of this Agreement.

(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.

(10) Should the temporary employment service be a member of an employers’


organisation that is a party to the Council, the provisions relating to trade union
membership and subscriptions and payment of employer’s organisation levies
shall apply.

(11) The Council staff shall conduct wage book inspections at all temporary
employment services every 6 months.

41. TEMPORARY EMPLOYMENT SERVICES PROVISIONS IN RESPECT OF


EMPLOYEES EARNING BELOW THE EARNINGS THRESHOLD

(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].

(2) For the purposes of this Agreement, an employee:

(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.

42. PROHIBITION OF CESSION AND/OR SET-OFF

(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.

(2) Set-off between any amounts payable to an employee referred to in Clause 16


of this Agreement and any amounts payable by such employee, the deduction
of which is prohibited by that clause, shall not operate, and is expressly
excluded, and this provision shall be deemed to be a term of every contract of
employment between employer and employee.

43. FIRST- AID

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.

44. CERTIFICATE OF SERVICE

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.

The employer shall be entitled to make a deduction from the remuneration


payable to any employee for the loss of the employer's equipment signed for by
such employee or the insurance excess payable on the loss of any such
equipment.

(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.

47. DESIGNATED AGENTS

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.

48. TRADE UNION ACCESS

(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:

(a) the period for which the exemption is required,

(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:

(7) The Council may defer a decision to a following meeting if additional


substantiation, information, or verbal representations are considered necessary
to decide on the application for exemption.

(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.

(10) Exemption criteria:

The Council shall consider all applications for exemption with reference to the
following criteria:

(a) The written and verbal substantiation provided by the applicant,

(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,

(d) the infringement of basic conditions of employment rights,

(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,

(h) the extent to which the proposed exemption undermines collective


bargaining and labour peace in the Electrical industry,

(i) any existing special economic or other circumstances which warrant the
granting of the exemption,

(j) reporting requirements by the applicant and monitoring and re-evaluation


processes, and

(k) cognisance of the recommendations contained in the Report of the


Presidential Commission to Investigate Labour Market Policy.

(l) Once a notice to attend arbitration proceedings has been issued, no


employer or employee may make application for exemption from any
provision of the Collective Agreement to which the arbitration notice relates.

(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,

(ii) the withdrawal of such exemption by the Council.

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.

50. NEGOTIATING PROCEDURES

(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.

(2) How to bring an application

(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.

(3) How to apply to vary or rescind arbitration awards or rulings

(a) An application for the variation or rescission of an arbitration award or ruling


must be made within 14 days of the date on which the applicant became
aware of the arbitration award or ruling or became aware of a mistake
common to the parties to the proceedings.

(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.

(4) Condonation for failure to comply with the rules

The Council or arbitrator or conciliator may condone any failure to comply with
the time frames in this clause, on good cause shown.

52. RESOLUTION OF DISPUTES

(1) Procedure to enforce compliance with this Agreement

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;

(ii) refer the matter to arbitration in terms of this Agreement;

(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

(i) Upon referral of the unresolved dispute to arbitration, Council shall


appoint an arbitrator from its panel to hear and determine the alleged
breach of this Agreement. The arbitrator shall be independent of the
Council.

(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.

(d) The arbitrator shall have the following powers:

(i) To determine whether there has been a breach of this Agreement.

(ii) To make any appropriate award that gives effect to the Collective
Agreement and to ensure compliance therewith.

(iii) To conduct the arbitration in a manner and form that he considers


appropriate in order to determine the dispute fairly and quickly but
shall deal with the substantial merits of the dispute with the minimum
of legal formalities. Subject to the discretion of the arbitrator as to the
appropriate form of the proceedings, a party to the dispute may give

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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.

(v) To adjourn the arbitration proceedings to a later date or to make an


award in the absence of a party who is alleged to have breached the
Agreement, if:

Such party fails to appear in person or to be represented at the


arbitration proceedings, and prima facie evidence has been presented
to the arbitrator that the party in question has failed to comply with this
Agreement. Provided that proof is presented that written notification
has been forwarded to such party –

(a) by registered mail to such party’s last known address or an


address chosen by that person to receive service and 21 days
have lapsed since such notification has been mailed; or

(b) by fax transmission to such party’s last known fax number; or a


fax number chosen by that person to receive service and 21 days
have lapsed since such notification has been faxed; or

(c) by hand delivery to such party’s last known business or residential


address; or an address chosen by that person to receive service
and 21 days have lapsed since such notification has been hand
delivered.

(d) by emailing a copy of the document to the person’s email or an


email address chosen by that person to receive service.

(e) by any other form of delivery recognised in terms of the Rules of


the CCMA.

(f) a document may also be served -

(i) on a company or other body corporate by handing a copy to a


responsible employee of the company or body at its registered
office, its principal place of business within the Republic or its
main place of business within the magisterial district in which
the dispute first arose;

(ii) on an employer by handing a copy of that document to a


responsible employee of the employer at the workplace where

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the employees involved in the dispute ordinarily work or
worked;

(iii) on a trade union or employers’ organisation by handing a


copy of that document to a responsible employee or official at
the main office of the union or employers’ organization or its
office in the magisterial district in which the dispute arose;

(iv) on a partnership, firm, or association by handing a copy of


that document to a responsible employee or official at the
place of business of the partnership, firm, or association or, if
it has no place of business, by serving a copy of the document
on a partner, the owner of the firm or chairman or secretary of
the managing or other controlling body of the association, as
the case may be;

(v) on a municipality, by serving a copy of the document on the


municipal manager or any person acting on behalf of that
person;

(vi) on a statutory body by handing a copy to the secretary or


similar officer or member of the board or committee of that
body, or any person acting on behalf of that body or

(vii) on the state or a province, a state department or a provincial


department, a minister, premier or a member of the
executive committee of a province by handing a copy to a
responsible employee at the head office of the party or to a
responsible employee at any office of the State Attorney.

(g) If no person identified in (e)(i) to (e)(vii) above is willing to accept


service, it may be effected by affixing a copy of the document to:
(i) the main door of the premises concerned; or
(ii) if this is not accessible, a post box or other place to
which the public has access.

(vi) The arbitrator conducting arbitration in terms of this sub-clause has


the powers of a Commissioner in terms of Section 33A, Section 142
and Section 138 of the Act, read with the changes required by the
context.

(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.

(d) In conciliation proceedings a party to the dispute may appear in person or


be represented only by a director or employee of that party and if a close
corporation also a member thereof, or any member, office bearer or official
of that party’s registered trade union or registered employers’ organisation.

(e) Appointment of Conciliator


(i) The Council may appoint a conciliator from its panel to attempt to
resolve the dispute.

(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.

(iii) Any conciliator appointed in terms of this clause shall determine a


process to attempt to resolve the dispute which may include:
- mediating the dispute, or
- conducting a fact-finding exercise, or
- making a recommendation to the parties, which may be an
advisory award.

(f) Post Conciliation Procedures


(i) 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:
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

(iii) the original certificate must be filed with the Council

(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.

The Council shall appoint an arbitrator who is available to commence the


arbitration within 21 days from the date the dispute was not resolved at
conciliation, unless otherwise agreed to between the parties to the dispute.
The powers of the arbitrator shall be the same as in Clause 52(1)(d) above
read with the changes required by the context.

(h) In arbitration proceedings, a party to the dispute may appear in person or


be represented only by a legal practitioner, a director or employee of that
party and if a close corporation also a member thereof or any member,
office bearer or official of that party’s registered trade union, or registered
employers’ organisation,

(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

(a) An employee may refer a dispute to the Council for conciliation by


completing the Council’s referral form and serving it on Council.

(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.

(c) The referring party must:

(i) sign the referral form

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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.

(iii) attach an application for condonation on the prescribed form if the


referral form is filed late i.e., outside of the 30-day time period in the
case of alleged unfair dismissal calculated from the date of dismissal
or if it is a later date outside 30 days of the employer making the final
decision to dismiss or uphold the dismissal or, in the case of an unfair
labour practice, outside 90 days of the date of the act or omission
which allegedly constitutes the unfair labour practice, or if it is a later
date, outside of 90 days of the date on which the employee became
aware of the act or occurrence.

(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.

(f) In conciliation proceedings a party to the dispute may appear in person or


be represented only by a director or employee of that party and if a close
corporation also a member thereof, or any member, office bearer or official
of that party’s registered trade union or registered employers’ organisation,

(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.

(h) If it appears during conciliation proceedings that a jurisdictional issue has


not been determined, the Council must require the referring party to prove
that the Council has the jurisdiction to conciliate the dispute.

(i) Any conciliator appointed in terms of this clause shall determine a process
to attempt to resolve the dispute which may include:

- mediating the dispute, or


- conducting a fact-finding exercise, or
- making a recommendation to the parties,
- which may be an advisory award.

(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

(iii) the original certificate must be filed with the Council.

(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.

(4) Procedures for disputes about negotiations

(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:

(i) appointing a subcommittee to meet within a specified number of days,


for the purpose of attempting to resolve the dispute or to recommend
to the Council a process by which the dispute may be resolved, or

(ii) referring the dispute to mediation by a mediator who is acceptable to


both parties to the dispute.

(iii) instructing the Secretary of the Council to issue a certificate stating


that the dispute remains unresolved.

(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.

53. ENFORCEMENT OF THE MAIN COLLECTIVE AGREEMENT

(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

2. BARGAINING COUNCIL LEVY 70

3. WAGES AND/OR EARNINGS 71

4. SCHEDULE OF WAGES AND/OR EARNINGS 71

5. GUARANTEED MINIMUM INCREASES AND OFF-SET 73

6. CATCH-UP ARRANGEMENT 74

7. LEAVE BONUS 74

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1. ALLOWANCES

(1) Travelling and subsistence allowances


(a)
(i) Whenever a job or working site is situated outside a radius of 15km of
the employer’s establishment and in instances where the employee is
required to report at the establishment before proceeding to the
working site, / or to return after the shift, and the employee can
reasonably be said to be able to and does return to his home every
day, the employer shall provide suitable transport both ways.

(ii) Any time occupied by an employee making use of the employer’s


transport in proceeding to or from the working site which is situated
outside a radius of 15km of the employer’s establishment , as a result
of being expected to first report to the establishment, shall be one way
in his own time and the other way during the normal working hours:
Provided that time spent in travelling between jobs during that day
shall be in the employer’s time.

(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.

(v) Payment to an employee, who is expected to report to the


establishment at a specific time before proceeding to the site, shall be
from this time until he ceases work at the end of the shift.

(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.

(b) Any employee entitled to a transport allowance as provided for in sub-


clause (a) above shall be paid such allowance at the same time as he is
paid his normal remuneration.

(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.

(b) Where an employee, by reason of employment, is away from his


usual working place and is required by his employer to live away
from his usual domicile, meals and lodging shall be paid for or
provided on the job by the employer. Where no hotel or other
suitable accommodation is available within a reasonable distance
of the working place and accommodation is supplied on site, the
employee shall be paid a subsistence allowance of R168.42 for
meals per night away.

(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.

2. BARGAINING COUNCIL LEVY

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.

(6) A sole proprietor, partner, member, director, or employer engaged in work


specified in this Agreement shall be deemed to be an employee in respect of
whom a council levy of a Master Installation Electrician is required to be
contributed.

3. WAGES AND/OR EARNINGS

(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.

4. SCHEDULE OF WAGES AND/OR EARNINGS

(1) Subject to the provisions of Clause 6, no employer shall pay, and no employee
shall accept wages at rates lower than the following:

Tier 1 means Tier 2 means Tier 3 means


Areas that have the Minimum wages are Minimum wages are
highest paying minimum based on 90% of the based on 80 % of the
wages for every category published wage rates published wage rates for
of employment. for Tier 1. Tier 1.

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The areas falling under each Tier are attached to this Agreement as
ADDENDUM 3.

MINIMUM WAGES (8,8%)


100 90 80
percent percent percent

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.

5. GUARANTEED MINIMUM INCREASES AND OFF-SET

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:

(1) Minimum wages


From date of publication of the 7.8% + 1%
agreement – 29 February 2024
1 March 2024 – 28 February 2029 The August CPI of the preceding year +
1% and will be applicable from the 1st of
March of every year

(2) Actual wages


From date of publication of the 7.8%
Agreement – 29 February 2024
1 March 2024 – 28 February 2029 The August CPI of the preceding year
and will be applicable from the 1st of
March of every year

(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

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PART III
SICK BENEFIT FUND RULES FOR THE NATIONAL BARGAINING
COUNCIL FOR THE ELECTRICAL INDUSTRY OF S.A.

TABLE OF CONTENTS

CLAUSE PAGE

1. ADMINISTRATION OF THE FUND 77

2. REGIONAL SICK BENEFIT FUND COMMITTEES 77

3. OBJECTIVE 77

4. MEMBERSHIP 77

5. CONTRIBUTIONS 78

6. BENEFITS 78

7. GENERAL PROVISIONS RELATING TO PAYMENT OF CLAIMS 79

8. PAYMENT PROCEDURES 79

9. INDEMNITY 80

10. EXCLUSIONS 80

11. EXEMPTIONS 82

12. BENEFITS NOT ALIENABLE OR EXECUTABLE 82

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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.

2. REGIONAL SICK BENEFIT FUND COMMITTEES

(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.

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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).

Category of employee Working days Benefit amount


absent per
annum
All categories as specified 1st – 10th 100% of actual earnings
in the Main Collective
Agreement
All categories as specified 11th –30th 60% of actual earnings
in the Main Collective
Agreement
All categories as specified 31st – 130th 33% of actual wages
in the Main Collective
Agreement
Non-Scheduled employees Same as above Same percentages as above BUT
up to maximum earnings of
R35 000.00 per month.
Additional Benefits:
Pension\Provident Fund waiver of premiums from the 11th day onwards in an
employee’s annual leave pay cycle in terms of which the SBF shall pay both the
employee and the employer’s contributions towards the employee’s Electrical
Contracting Industry Retirement Funds as long as the employee is unfit to return to
work and remains a member of an approved industry retirement fund.

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7. GENERAL PROVISIONS RELATING TO THE ADMINISTRATION OF
CLAIMS

(1) Administrative requirements for lodging of and payment of a claim:

(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

(1) It shall be regarded as sufficient payment of any claim if a payment is made


electronically into the bank account provided and the Sick Benefit Fund
Committee shall not be held liable for any errors beyond its control.

However, if the incorrect bank details of an employee were provided to the


Council and the monies was paid into the incorrect bank account due to an error
on the part of the employer or employee, the employer shall be liable to
reimburse the employee OR the employee shall forfeit these monies (whichever
is applicable).

10. EXCLUSIONS

(1) An employee shall not be entitled to sick fund benefits-

(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;

(c) if an employee is absent from work owing to an accident or disease payable


under the Compensation for Occupational Injuries and Diseases Act, 1993
except in respect of any period during which no compensation is payable. ;
Claims in respect of injuries on duty must be submitted to the
Compensation Commissioner in terms of Clause 23 read with Clause 24 of
the Main Collective Agreement;

(d) if an employee’s absence from work is related to the abuse of alcohol or


drugs, or the illegal use of substances, is incapacitated through sickness
owing to own negligence or misconduct, or attempted suicide;

(e) if an employee fails to observe the instruction of a medical practitioner, or


has in the opinion of that practitioner aggravated the condition or retarded
recovery through his or her own actions;

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

(j) in respect of absence from work due to pregnancy or giving birth;

(k) if engaging in hunting, mountaineering or racing on wheels, professional


sport, motor-cycling other than motor-cycling to and from the employee’s
normal work;

(l) the performance of any unlawful act;

(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.

(3) Employees on leaving the industry or on becoming unemployed shall


immediately cease to be entitled to sick pay 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.

12. BENEFITS NOT ALIENABLE OR EXECUTABLE

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.

P a g e | 82
ADDENDA

TABLE OF CONTENTS

ADDENDUM NUMBER PAGE

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

P a g e | 83
ADDENDUM 1

PRO FORMA FIXED TERM CONTRACT OF EMPLOYMENT GUIDELINE

Entered into between

________________________________________________________________
(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):

(i) the __________________________________________________ (date) OR


(ii) completion of the following contract(s) _____________________expected to be completed/to terminate
on approximately _____________________ (date).

(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.

Signed at __________________ this ____ day of _____________________ 20______________

_________________ ________________ ____________________


Employer Employee Witness

P a g e | 84
ADDENDUM 2

National Bargaining Council for the Electrical Industry


(NBCEISA) Temporary Employment Services (TES) Form

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

Employer Code/Council Registration


Number for TES (Obtainable from Council)
Physical Business Address of TES

Postal Address of TES:

Postal Code

Telephone No of TES

Fax No of TES

EMPLOYER (CLIENT) DETAILS:


Name of Employer (Client):

Employer Code/Council Registration


Number (Obtainable from the Council):
Physical Business Address of Employer
(Client):
Postal Address of Employer :

Postal Code:

Telephone No:

Fax No:

CLIENT AND TES INFORMATION:


Commencement date of contract between
client and TES
Expected termination date of contract

P a g e | 85
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:

Residential Address of Employee:

Site address where employee’s services are to


be used:
Normal working hours (weekly, fortnightly or
monthly):
Expected overtime hours to be worked
(weekly/fortnightly/monthly):
Telephone Number

Occupation/Category of Employment

Identity Number or passport number of


employee:

EMPLOYEE(S) DETAILS:
Name of Employee:

Residential Address of Employee:

Site address where employee’s services are to


be used:
Normal working hours (weekly, fortnightly or
monthly):
Expected overtime hours to be worked
(weekly/fortnightly/monthly):

Telephone Number

Occupation/Category of Employment

Identity Number or passport number of


employee:

P a g e | 86
We, the undersigned declare that the above information is true and correct.

Employer (Client) Signature: Date:

Employee Signature: Date:

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
P a g e | 89
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

Metropolitan/District Local Municipality


Province Municipality Tier 2
90%
EASTERN Sarah Baartman Kouga Cape St. Francis Humansdorp, Jeffreys
CAPE Bay, Oyster Bay, St Francis Bay, Thornhill
Nelson Mandela Bay Bethelsdorp, Bloemendal, Blue Horizon
Metropolitan Bay, Caredon, Despatch, KwaNobuhle,
Municipality Motherwell, Gqeberha (Port
Elizabeth),Summerstrand, Swartkops,
Uitenhage, Beacon Bay
Buffalo City Sundays River Valley Berlin, Bisho, Breidbach, Macleantown,
Metropolitan Gonubie, Dimbaza, East London, Kidd's
Municipality Beach, King William's Town, Mdantsane,
Phakamisa, Potsdam, Swelitsha
FREE STATE Mangaung Bloemfontein, Botshabelo, Dewetsdorp,
Metropolitan Mangaung, Soutpan, Thaba Nchu, Van
Municipality Stadensrus, Wepener
Fezile Dabi District Metsimaholo Local Deneysville, Kragbron, Oranjeville,
Municipality Municipality Sasolburg
Lejweleputswa
Masilonyana Local Brandfort, Soutpan, Theunissen,
District
Municipality Verkeerdevlei, Winburg
Municipality
Matjhabeng Local Allanridge, Hennenman, Odendaalsrus,
Municipality Ventersburg, Virginia, Welkom
Nala Local Municipality Bothaville, Wesselsbron
KWAZULU uMgungundlovu
Impendle Impendle
NATAL District
Mpofana Mooi River
Amajuba District Dannhauser Dannhauser, Hattingspruit
eMadlangeni Utrecht
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Newcastle Charlestown, Newcastle
Dr Nkosazana Dlamini
Creighton, Himeville, Underberg
Harry Gwala District Zuma
Greater Kokstad Kokstad
Ubuhlebezwe Ixopo
Umzimkulu uMzimkhulu
King Cetshwayo
City of Umhlathuze Empangeni, Richards Bay
District
Mthonjaneni Melmoth, Ntambanana
Nkandla Nkandla
uMfolozi KwaMbonambi
uMlalazi Eshowe, KwaGingindlovu, Mtunzini
Ugu District Ray Nkonyeni Eshowe, KwaGingindlovu, Mtunzini
Umdoni Pennington, Scottburgh/Umzinto North
Umuziwabantu Harding
Umzumbe Umzumbe
uMkhanyakude
Big 5 Hlabisa Hlabisa, Hluhluwe
District
Jozini Ingwavuma, Jozini, Mkuze
Mtubatuba Mtubatuba, St Lucia
uMhlabuyalingana Mbazwana
uMzinyathi District Endumeni Dundee, Glencoe
Nquthu Nquthu
uMsinga Pomeroy
uThukela District Alfred Duma Colenso, Ladysmith, Van Reenen
Inkosi Langalibalele Estcourt, Weenen
Okhahlamba Bergville, Cathkin Park, Winterton
Zululand District AbuQulusi Louwsburg, Vryheid
eDumbe Paulpietersburg
Nongoma Nongoma
Ulundi Ulundi
uPhongolo Pongola
Capricorn District Polokwane Local Klaserie, Polokwane, Seshego,
LIMPOPO Municipality Municipality Modjadjiskloof, Gazunkulu
Mopani District Greater Letaba Local
Modjadjiskloof
Municipality Municipality
Vhembe District Thulamela Local
Dzanani
Municipality Municipality
MPUMALANGA Ehlanzeni District City of Mbombela Local Barberton, Emoyeni, Entokozweni,
Municipality Municipality Hazyview, Kaapschehoop, Kaapmuiden,
Kabokweni, Kanyamazane, Kiepersol,
Luphisi, Matsulu, Mbombela, Mpakeni,
Msogwaba, Ngodwana, Nsikazi, Skukuza,
Tekwane, White River.
Gert Sibande Govan Mbeki Local Bethal, Charl Cilliers, Embalenhle,
District Municipality Municipality Evander, Highveld Ridge, Kinross,
Leandra, Leslie,Secunda, Trichardt
Nkangala District Emalahleni Local
Kriel, Ogies, Phola, eMalahleni
Municipality Municipality
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Steve Tshwete Local
Mdutjana, Middelburg
Municipality
NORTHERN Frances Baard Dikgatlong Local
Barkly West, Delportshoop, Windsorton
CAPE District Municipality Municipality
Magareng Local
Warrenton
Municipality
Phokwane Local
Hartswater, Jan Kempdorp, Pampierstat
Municipality
Sol Plaatje Local
Kimberley, Ritchie
Municipality
John Taolo
Ga-Segonyana Local Bankhara-Bodulong, Kuruman,
Gaetsewe District
Municipality Mothibistad
Municipality
Gamagara Local Deben, Kathu, Kudumane, Olifantshoek,
Municipality Sishen
Joe Morolong Local
Hotazel, Santoy, Van Zylsrus
Municipality
ZF Mgcawu District Dawid Kruiper Local
Mier, Rietfontein, Upington
Municipality Municipality
Kai !Garib Local
Eksteenskuil, Kakamas, Keimoes,
Municipality
Kgatelopele Local
Danielskuil, Lime Acres
Municipality
Tsantsabane Local
Beeshoek, Postmasburg
Municipality
NORTHWEST Bojanala Platinum Madibeng Local Bethanie, Brits, Broederstroom, De Wildt,
District Municipality Municipality Hartbeespoort, Ifafi, Kosmos, Mooinooi,
Rustenburg Local Beestekraal, Boshoek,Hartbeesfontein-A,
Municipality Marikana, Phatsima, Rustenburg,
Tlhabane
Dr Kenneth Kaunda
City of Matlosana Local Hartbeesfontein, Klerksdorp, Orkney,
District
Municipality Stilfontein
Municipality
JB Marks Local
Potchefstroom, Ventersdorp
Municipality
Dr Ruth Segomotsi Ditsobotla Local Gerdau
Mompati District Municipality
Municipality
Ngaka Modiri
Mahikeng Local
Molema District Mahikeng
Municipality
Municipality
WESTERN City of Cape Town City of Cape Town
Firgrove,Gordonsbay, Sir Lowry’s Pass,
CAPE Metropolitan Metropolitan Municipality
Somerset West, Strand
Municipality
Breede Valley Local
Rawsonville, Worcester,
Municipality
Drakenstein Gouda, Paarl, Wellington
Stellenbosch Local Franschoek, Klapmuts, Pniel,
Municipality Stellenbosch, Stellenbosch Farms.
Witzenberg Local
Ceres, Tulbach, Wolseley
Municipality

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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

OFFICES OF THE NATIONAL BARGAINING COUNCIL FOR THE ELECTRICAL


INDUSTRY OF S.A

1. NATIONAL OFFICE – JOHANNESBURG

122 QUEEN STREET TEL : 011/3392312


KENSINGTON,
JOHANNESBURG
2094

PO BOX 31402
BRAAMFONTEIN
2017

2. JOHANNESBURG REGIONAL OFFICE

122 QUEEN STREET TEL : 011/3392312


KENSINGTON,
JOHANNESBURG
2094

PO BOX 31402
BRAAMFONTEIN
2017

3. BLOEMFONTEIN REGIONALOFFICE

74 VICTORIA ROAD TEL : 051/444-5869


SHALLOWS 051/444-5984
BLOEMFONTEIN
9301

PO BOX 1379
BLOEMFONTEIN.
9300

4. CAPE TOWN REGIONAL OFFICE

31 COOK STREET TEL : 021/591-4784


GOODWOOD
7460 FAX : 021/5916261
(Entrance on Vasco Boulevard)

PO BOX 1220
PAROW
7499

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5. KWAZULU-NATAL REGIONAL OFFICE

23 LENNOX ROAD TEL : 031/306-8100


GREYVILLE 031/309-1326
DURBAN 031/309-1325
4023 031/309-1307
031/309-1279
PO BOX 47852
GREYVILLE
DURBAN
4023

6. EAST LONDON REGIONAL OFFICE

UNIT 205 EDCOTT SQUARE TEL :043/722 – 0120/21


256 OXFORD STREET
EAST LONDON
5201

PO BOX 19852
TECOMA
5214

7. PRETORIA REGIONAL OFFICE:

1072 FRANCIS BAARD STREET TEL : 012/110-4644


HATFIELD
PRETORIA
0028

PO BOX 12399
HATFIELD
0028

8. GQEBERHA REGIONAL OFFICE:

25 4th AVENUE TEL : 041/363-5460


NEWTON PARK
GQEBERHA,
6045

P.O. BOX 27287


GREENACRES
6057

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9. POLOKWANE REGIONAL OFFICE

ROOM 314 PIONEER BLD TEL : 015/291-4157


50 LANDDROS MARE STREET
POLOKWANE.
0699

P.O. BOX 2478


POLOKWANE
0700

10. GEORGE REGIONAL OFFICE

OFFICE 201 TEL : 044/874-5738


YORK MALL100
YORK STREET
GEORGE
6530

P.O. BOX 1952


GEORGE
6529

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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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