Government Gazette
Part1:
Annexure A: Definitions
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In this Agreement, unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
"The Act" means the Labour Relations Act, 1995 {Act No. 66 of 1995);
"Agreement" includes a Collective Agreement;
"bargaining council" means the National Textile Bargaining Council as described in its constitution;
"bargaining unit" means all employees whose wages and conditions of employment are prescribed in the Agreement;
"CCMA" means the Commission for Conciliation, Mediation and Arbitration, established in terms of section 112 of the Labour Relations Act.
"chairperson" means the Chairperson of the Council who, by virtue of that office, is also the Chairperson of the Executive Committee;
"closed shop" means a workplace where all new bargaining unit employees, inclusive of all temporary contract employees, shall become members of SACTWU no later than 30 days after the commencement of employment, and where no employer shall continue to employ an employee unless that employee has become a member of SACTWU within 30 days after the date of commencement of employment, and where current employees who were already members of the trade union at the time that the closed shop ballot was conducted, shall remain members of the trade union as long as the closed shop remains effective;
"council" means the Council of the Bargaining Council established in terms of clause 7 of the National Textile Bargaining Council constitution;
"day" or "days" means a period of 24 hours measured from the time when the employee normally commences work and "daily" has a corresponding meaning except, for all time periods referred to in the NTBC Constitution, a "day" or "days" shall mean a calendar day and the first day is excluded and the last day is included and the last day of any period must be excluded if it falls on a Saturday, Sunday, public holiday or on a day during the period between 16 December to 7 January;
"deputy chairperson" means the Deputy Chairperson of the Council who, by virtue of that office, is also the Deputy Chairperson of the Executive Committee;
"employee representative" means any representative, including but not limited to a shop steward, appointed in that capacity by a trade union which is party to the Council;
"employer representative" means any representative appointed in that capacity by an employers' organisation which is party to the Council;
"employment law" means the Labour Relations Act and any other Act the administration of which has been assigned to the Minister, and includes any of the following Acts:
(a) The Unemployment Insurance Act, 2001 (Act No. 63 of 2001);
(b) the Skills Development Act, 1998 (Act No. 97 of 1998);
(c) the Employment Equity Act, 1998 (Act No. 55 of 1998);
(d) the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); and
(e) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
"executive committee" means the Executive Committee established in terms of clause 11 of the National Textile Bargaining Council Constitution;
"grade" means a job grade as determined by the relevant structures of the Bargaining Council from time to time;
"Industry" means the Textile Industry, as defined in the National Textile Bargaining Council's scope of registration;
"medical practitioner" means a person entitled to practice as a medical practitioner in terms of section 17 of the Health Professions Act, 1974 (Act No. 56 of 1974), or any other person, including a traditional healer, who is certified to diagnose and treat patients and who is registered with the Professional Council established by an Act of Parliament;
"minimum wage" means the minimum rate of pay prescribed in the relevant Annexures in Part 2 of this Agreement;
"NTBC Constitution" means the certified constitution of the National Textile Bargaining Council, as amended from time to time;
"ordinary hours of work" means the hours of work permitted in terms of clause 14 of this Agreement.
"overtime" means the time that an employee works during a day, or a week, in excess of ordinary hours of work;
"secretary" means the Secretary of the Council;
"shift" means any one continuous period of work, whether it be a day, an afternoon or a night shift;
"subsector" or "section" means the subsectors or sections as set out in Schedule 2 of the National Textile Bargaining Council Constitution;
"temporary employee" means an employee who is employed in a temporary capacity for a fixed period on contract;
"this Agreement" means Part 1 and Part 2 of this document;
"trade union agency fee" means a wage deduction equivalent to the amount of the trade union subscriptions less the cost of any insured benefit included in the trade union subscription
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