4.3 As per the provisions of clause 4.3 of part 1 of this Agreement.
4.4 Where existing wage rates at any company are greater than those specific in the table in clause 4.2, such wage rates shall continue to apply unless otherwise agreed through collective bargaining between the parties.
5. CALCULATION OF WAGES
5.1 Any calculation of wages, or deduction from wages, must be based on the hourty rate of pay. Any fraction of a cent after completing the calculation must be adjusted to the nearest cent.
5.2 A basic hourly rate means, in the case of monthly-paid employees, the basic monthly wage divided by the hours for the applicable shift pattern. In the case of weekly-paid employees, the basic hourly rate is calculated by dividing the weekly wage by the number of ordinary hours worked in a week.
5.3 A basic daily wage is calculated by multiplying the hourly rate by the number of hours worked in an applicable shift.
5.4 A basic weekly wage or a basic monthly wage means the basic hourly wage multiplied by the ordinary hours worked in a week or in a month, whichever is applicable.
5.5 A basic monthly wage means the agreed basic monthly rate of pay.
5.6 Basic annual wage means the basic weekly rate of pay multiplied by 52 (fifty-two) or the monthly rate of pay multiplied by 12 (twelve).
5.7 Basic rate of pay means the agreed rate of pay excluding any allowances.
5.8 Total rate of pay means the basic weekly or basic montly rate of pay (whichever is applicable) plus allowances.
6. SHIFT ALLOWANCE
6.1 All employees who, the employer anticipates, will be required to perform shift work shall, before commencement, be designated as such by the employer. All such employees shall, in addition to the basic montly salary, be paid a shift allowance as per plant level agreements. Where no plant level agreement on this employment conditions exists, the shift allowance shall be 7% of the basic wage in the case of two-shift employees and 10% of the basic wage for all other shift employees.
6.2 Shift allowance will only be paid for shifts worked and during paid annual leave.
6.3 Where an existing shift allowance at any company is greater than that specified in clause 6.1, such shift allowance shall continue to apply unless otherwise agreed through collective bargaining between the parties.
7. LONG-SERVICE ALLOWANCE
7.1 Long-service allowances, where applicable, shall be as agreed (through collective bargaining) for each company, failing which a long-service allowance of R1 per week per year of service shall be paid to all employees.
7.2 Where a long-service allowance currently paid is more beneficial than that specified in clause 7.1 above, such service allowance shall continue to be paid.
8. ANNUAL BONUS
8.1 Every employer must pay each employee an annual bonus equivalent to one month's basic pay, calculated on the actual basic hourly rate.
8.2 An employee who has not completed a full year's service by the time the annual bonus is paid shall be paid a pro rata share of the annual bonus.
8.3 An employee whose service is terminated shall be paid a pro rata of his annual bonus, calculated at the time of the termination of his service.
8.4 Where an employee's grade changes during the term of this Agreement, such employee's annual bonus shall be paid on a pro rata basis according to the period spent in each grade.
8.5 Temporary employees shall be entitled to a pro rata annual bonus for all periods of employment during that year.
9. CHANGE IN OCCUPATION
As per the provisions of clause 9 of Part 1 of this Agreement.
10. TEMPORARY EMPLOYEES
10.1 Employers may employ employees on a temporary basis in instances provided for in law, or for operational reasons by agreement between the parties.
10.2 Employees within the bargaining unit employed on a temporary basis for longer than six months shall become permanent employees and their employment terms and conditions shall be adjusted accordingly, unless their contracts have been extended.
10.3 A contract of a temporary nature shall not be extended more than once. After one extension, any further extension to a temporary contract shall be by agreement between the parties at plant level.
10.4 Where requests are made for an extension to a temporary contract, such requests shall not be unreasonably refused, provided good and lawful grounds exist for an extension.
10.5 The period for the extension of a fixed-term contract shall be a reasonable period based on the grounds of the request.
10.6 Employees employed on a temporary basis in the employ of a company as at December each year shall be entitled to a pro rata annual bonus for all periods of employment during that year.
10.7 The total number of temporary employees within the bargaining unit employed at any company shall not exceed 10% of the total number of permanent employees within the bargaining unit at such company, unless otherwise agreed between the parties at plant level.
10.8 The closed shop agreement shall apply to all temporary employees employed at the respective companies operating in the subsector.
10.9 Temporary employees in the employ of the employer shall be entitled to a pro rata annual bonus for all periods of employment during that year.
11. DEDUCTIONS
As per the provisions of clause 11 of Part 1 of this Agreement.
12. PAYMENT OF REMUNERATION
As per the provisions of clause 12 of Part 1 of this Agreement, with the exception of the following clauses:
12.1 Every employer must pay to an employee all the remuneration due to such employee each week or each month, whichever Is applicable.
12.2 Payment will be by direct bank deposit into an account at a registered financial institution designated by the employee.
12.3 The provisions of clause 12.3.3 of Part 1 of this Agreement are not applicable.
12.4 Payment will be made not later than the second Wednesday of the month, following the month worked.
13. INSURANCE OF REMUNERATION
As per the provisions of clause 13 of Part 1 of this Agreement.
C. HOURS OF WORK
14. ORDINARY HOURS OF WORK
The maximum ordinary hours of work that an employer may require or permit an employee to work are 44 hours per week. For shift employees, meal breaks constitute paid time.
15. OVERTIME
15.1 The provisions of clause 15.1 of Part 1 of this Agreement shall apply.
15.2 Overtime is calculated on an hourly basis.
15.3 The provisions of clause 15.3 of Part 1 of this Agreement shall apply. However, where current overtime rates are more beneficial than those provided for in clause 15.3 of Part 1 of this Agreement, such more beneficial overtime rates shall continue to apply.
15.4 The provisions of clause 15.4 of Part 1 of this Agreement shall apply.
15.5 Employees engaged in work required as a result of a breakdown of machinery or plant or as a result of any other unforeseen emergency may be required to work in excess of the maxima set out in clause 15.1.
16. MEAL AND OTHER INTERVALS
The provisions of clause 16 of Part 1 of this Agreement shall apply, subject to the following amendment:
16.1 The provisions of clause 16.8 of Part 1 of this Agreement shall apply, but subject to operational requirements.
17. PUBLIC HOLIDAYS
As per the provisions of clause 17 of Part 1 of this Agreement and the following provision:
17.1 "public holiday" means any day that is a public holiday in terms of the Public Holidays Act, 1994 (Act 36 of 1994).
18. SUNDAYS
As per the provisions of clause 18 of Part 1 of this Agreement.
19. SHORT TIME
19.1 Notification of short time will be preceded by a consultation process between the management and the union and/or shop stewards. This process will include—
19.1.1 discussing the need for short time; and
19.1.2 the implementation of short time; and
19.1.3 minimising the impact of the proposed short time.
20. EXCEPTIONS
As per the provisions of clause 20 of Part 1 of this Agreement.
D. LEAVE
21. ANNUAL LEAVE
21.1 An employee shall be entitled to a minimum of 15 working days' annual leave per annum.
21.2 Where conditions relating to annual leave are more favourable at an establishment they shall remain in full force and effect.
22. SICK LEAVE
22.1 As per the provisions of clause 22.1 to 22.4.2 of Part 1 of this Agreement. In addition, the following provisions shall also apply:
22.1.1 During an employee's first sick-leave cycle, an employer may reduce the employee's entitle-ment to sick leave in terms of clause 22.2 by the number of days' sick leave taken in terms of clause 22.3.
22.1.2 An agreement may reduce the pay to which an employee is entitled in respect of any day's absence in terms of this section if—
(a) the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and
(b) the employee's entitlement to pay—
(i) for any day's sick leave is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have work on that day; and
for sick leave over the sick-leave cycle is at least equivalent to the employee's entitlement in terms of clause 22.2.
23.1 As per the provisions of clause 23 of Part 1 of this Agreement. In addition, the following provisions shall apply:
23.1.1 If the employer is unable to employ her at the same job grade, the employer may employ her in a temporary position in a different job grade at her previous rate of pay or at the rate for the temporary position, whichever is the greatest.
24. FAMILY RESPONSIBILITY LEAVE
24.1 As per the provisions of clause 24 except that the number of days of paid family responsibility leave shall be five working days. Family responsibility leave shall also include the sickness of a parent, subject to management's discretion, the care dependency relations between the employee and his parents and the presentation of just cause and reasonable proof being furnished by the employee concerned.
E. EMPLOYEE BENEFITS
25. RETIREMENT FUND
25.1 As per the provisions of clause 25.12 of Part 1 of this Agreement.
25.2 The employer contribution to the applicable provident fund shall be a minimum of 9% of the basic wage and the employee contribution to the fund shall be 7% of the basic wage.
26. BURSARY SCHEME
26.1 Every employer must pay to the Council an amount of 87 cents per month per SACTWU member.
26.2 As per the provisions of clause 26.2 of Part 1 of this Agreement.
26.3 As per the provisions of clause 26.3 of Part 1 of this Agreement.
27. FUNERAL BENEFITS
Funeral benefits shall be determined at plant level.
28. PERSONAL PROTECTIVE EQUIPMENT
As per the provisions of clause 28 of Part 1 of this Agreement.
29. SACTWU HIV/AIDS PROJECT
As per the provisions of clause 29 of Part 1 of this Agreement.
30. LEARNERSHIPS
The provisions of clause 30 of Part 1 of this Agreement are not applicable.
F. TERMINATION OF CONTRACT OF EMPLOYMENT
31. TERMINATION OF CONTRACT OF EMPLOYMENT
As per the provisions of clause 31 of Part 1 of this Agreement.
32. CERTIFICATE OF SERVICE
As per the provisions of clause 32 of Part 1 of this Agreement.
G. ORGANISATIONAL RIGHTS
33. COLLECTION OF MEMBERSHIP FEES FOR TRADE UNION
As per the provisions of clause 33 of Part 1 of this Agreement.
34. TRADE UNION REPRESENTATION ON THE COUNCIL
As per the provisions of clause 34 of Part 1 of this Agreement.
35. SHOP STEWARD'S RIGHTS AND FACILITIES
35.1 Shop stewards' rights and facilities shall be as follows:
35.1.1 All bargaining unit employees will be granted an accumulated 1,5 (one and a half) hours' paid time off per quarter each year, for union meetings. The timing of these meetings must be agreed at plant level, operational requirement considerations being a priority.
35.1.2 Each shop steward shall be entitled to 10 (ten) days' paid time off for union activities. Companies who currently grant less than 10 days' paid time off per shop steward for union activities shall treat seven days as paid time off days, and three days as unpaid provided that one day per annum of the unpaid time off days will become a paid day until a maximum of ten days is reached.
35.1.3 All shop stewards of trade unions party to the Bargaining Council shall be granted reasonable access to a telephone, a fax machine, meeting facilities for shop steward committee meetings, access to email, limited Internet facilities and a trade union office at the workplace.
35.1.4 Shop stewards at each establishment shall be granted two (2) hours' paid time off for factory shop steward committee meetings each month.
35.1.5 One shop steward per company will be allowed paid time off for Bargaining Council and SETA related meetings.
35.1.6 Each shop steward committee shall, on request from the senior shop steward at the employers' establishment, be provided with schedules reflecting all employees in the bargaining unit.
35.1.7 SACTWU shall be entitled to on-site ballot facilities provided the ballot it wishes to conduct is in terms of SACTWU's constitution and/or the provisions of the Labour Relations Act, and that timeous and proper notice is given to the employer concerned of the holding of the ballot and the reasons thereof.
35.2 Notwithstanding the above provisions, shop steward rights and facilities shall be no less favourable than those stipulated in employment law.
35.3 Where the provisions in this clause are silent on any shop steward right or facility the relevant provisions stipulated in employment law shall be applicable.
H. GENERAL
36. THE LIMITATION ON THE RIGHT TO STRIKE OR LOCK OUT
As per the provisions of clause 36 of Part 1 of this Agreement.
37. EXEMPTIONS
As per the provisions of clause 37 of Part 1 of this Agreement.
38. ADMINISTRATION
As per the provisions of clause 38 of Part 1 of this Agreement. 39 DESIGNATED AGENTS
As per the provisions of clause 39 of Part 1 of this Agreement.
40. COUNCIL LEVIES
As per the provisions of clause 40 of Part 1 of this Agreement.
41. CLOSED SHOP
As per the provisions of clause 41 of Part 1 of this Agreement.
42. TRADE UNION AGENCY SHOP
As per the provisions of clause 42 of Part 1 of this Agreement.
43. EMPLOYER AGENCY SHOP
The provisions of clause 43 of Part 1 of this Agreement do not apply.
44. FAILURE TO MAKE PAYMENTS TO THE COUNCIL
As per the provisions of clause 44 of Part 1 of this Agreement.
45. REGISTRATION OF EMPLOYERS AND EMPLOYEES
As per the provisions of clause 45 of Part 1 of this Agreement.
46. EXHIBITION OF AGREEMENT
As per the provisions of clause 46 of Part 1 of this Agreement.
47. DISPUTES
As per the provisions of Annexure B of Part 1 of this Agreement.
48. EXISTING AGREEMENTS
48.1 As per the provisions of clause 48 of Part 1 of this Agreement.
49. OTHER CONDITIONS OF EMPLOYMENT
As per the provisions of clause 49 of Part 1 of this Agreement.
50. FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION
This Agreement shall bind the parties and its members, as well as non-parties upon the publication in the Gazette of this Agreement. The parties agree to request the Minister to gazette this Agreement for a period longer than a year. Notwithstanding the longer period, the parties will continue to negotiate annually, and will be entitled to embark on protected industrial action should such negotiations deadlock. In the event of negotiations reaching deadlock, this Agreement shall remain effective and in force beyond its expiry date and shall accordingly continue to bind the parties and their members as well as non-parties (through publication and extension) until a new agreement is concluded, or the parties agree othenwise.
51. DEFINITIONS
As per Annexure A of Part 1 of this Agreement.
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