A. APPLICATION
1. SCOPE OF APPLICATION
This part of the Agreement applies to all employers who employ employees whose wages are prescribed herein and all employees who are members of the parties to this Agreement and who are engaged in the Wool and Mohair Section, as defined in the registered Scope of the Bargaining Council, covering all areas of the Republic of South Africa.
2. PERIOD OF OPERATION
This Agreement shall come into operation on a date to be fixed by the fylinister of Labour in terms of section 32 (2) of the Labour Relations Act, 1995, and shall remain in force until 30 December 2008: Provided that the parties shall annually negotiate amendments to this Agreement, unless otherwise agreed.
3. EXCEPTIONS
As per the provisions of clause 3 of Part 1 of this Agreement.
B: REMUNERATION
4. MINIMUM WAGES
Minimum wages shall be as determined in a forum agreed to between the parties and ratified by the Council.
5. CALCULATION OF WAGES
As per the provisions of clause 5 of Part 1 of this Agreement.
6. SHIFT ALLOWANCE
6.1 An employer must pay a shift allowance of at least 7% of the basic wage for all hours worked between 18:00 and 06:00. Any shift allowance premium arrangements greater than 7% will continue to apply.
7. LONG-SERVICE ALLOWANCE
A long-service allowance of R0,60 per week per completed year of service must be paid to each employee.
8. ANNUAL BONUS
An employer must pay an annual bonus equivalent to 15 days' basic pay to each employee at year end. This will increase by one day per annum with effect from 1 July 2005 until 20 days is reached. Where a company pays an annual bonus of 20 days or more, such annual bonus shall continue to apply.
9. CHANGE IN OCCUPATION
If an employer requires an employee to work for longer than an hour in an occupation or at a skill level in respect of which a higher wage is prescribed, the employer must pay the employee such higher wage for all the hours the employee actually worked in the higher occupation or skill level.
10. TEMPORARY EMPLOYEES
An employer must pay a temporary employee a wage for each hour or part thereof which is no less than the basic hourly wage agreed with the temporary employee.
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.
13. INSURANCE OF REMUNERATION
This clause does not apply to the Wool and Mohair Section.
C. HOURS OF WORK
14. ORDINARY HOURS OF WORK
14.1 An employer may not require or permit an employee to work more than—
14.1.1 44 ordinary hours in a week; and
14.1.2 eight ordinary hours in a day if an employee works more than five days in a week; or
14.1.3 nine ordinary hours in a day if the employee works five days or fewer in a week.
14.2 Ordinary hours of work are exclusive of meal breaks unless specified to the contrary.
15. OVERTIME
15.1 An employer may not require or permit an employee to work more than 10 hours' overtime in a week.
15.2 As per the provisions of clause 15.2 of Part 1 of this Agreement.
15.3 As per the provisions of clause 15.3 of Part 1 of this Agreement.
15.4 As per the provisions of clause 15.4 of Part 1 of this Agreement.
16. MEAL AND OTHER INTERVALS
16.1 As per the provisions of clause 16.1 of Part 1 of this Agreement.
16.2 As per the provisions of clause 16.2 of Part 1 of this Agreement.
16.3 As per the provisions of clause 16.3 of Part 1 of this Agreement.
16.4 As per the provisions of clause 16.4 of Part 1 of this Agreement.
16.5 The meal interval is not part of the ordinary or overtime hours worked, except that any time worked by a security guard as a meal interval is part of that employees' ordinary or overtime hours, and also that the 30-minute meal interval of an employee working an eight-hour rotating shift is part of that employee's ordinary hours.
16.6 As per the provisions of clause 16.6 of Part 1 of this Agreement;
16.7 This clause does not apply to the Wool and Mohair Section.
16.8 Every employee who works a shift of more than eight ordinary hours must be given at least two 10-minute rest breaks per shift. These rest breaks are part of ordinary hours.
16.9 This subclause does not apply to the Wool and fvlohair Section.
17. PUBLIC HOLIDAYS
As per the provisions of clause 17 of Part 1 of this Agreement.
18. SUNDAYS
As per the provisions of clause 18 of Part 1 of this Agreement.
19. SHORT TIME
19.1 An employer may reduce the number of ordinary hours in a day or a week on four hours' notice to the employees.
20.1 If the employer fails to give four hours' notice, the employer must pay the employee in lieu of the required notice.
20. EXCEPTIONS
As per the provisions of clause 20 of Part 1 of this Agreement.
D. LEAVE
21. ANNUAL LEAVE
21.1 As per clause 21 of Part 1 of this Agreement, except for the following:
21.1.1 15 working days' annual leave on full remuneration in respect of each annual leave cycle.
21.2 This clause is not applicable to the Wool and Mohair Section.
21.3 By agreement at the time of the annual shut-down.
22. SICK LEAVE
As per the provisions of clause 22 of Part 1 of this Agreement.
23. MATERNITY LEAVE
23.1 As per clause 23 of Part 1 of this Agreement, except for the following amendments:
23.1.1 Employers must pay employees 50% of their basic weekly wage for four months. The remaining two months are unpaid.
23.1.2 Employers must pay both the employee's and the employer's contributions to any provident and medical aid fund to which the employee belongs for up to four months. These contributions will be repaid to the employer, by the employee, on her return to work, by means of deductions from her wages over a period of six months. If she fails to return to work, these contributions will be recovered by the employer from Provident Fund or other moneys due to the employee.
24. FAMILY RESPONSIBILITY LEAVE
As per clause 24 of Part 1 of this Agreement, except for the following amendments:
24.1 An employer must grant an employee, during each annual leave cycle, at the request of the employee, five days' paid family responsibility leave, subject to—
24.1.1 notification of the birth of the employee's child or that the child is sick; and
24.1.1.1 submission of satisfactory proof of birth in the form of a birth certificate; or of the child's sickness; and
24.1.1.2 such leave for birth being taken at or around the time of the birth of the child, and in any event within one month of the birth;
24.1.2 in the event of death—
24.1.2.1 the death of an immediate family member (defined as own child/brother/ sister/spouse/lifepartner/grandchild/parent or grandparent, including adoptive parent or child); and
24.1.2.2 submission of satisfactory proof of death in the form of a death certificate; and
24.1.2.3 such leave being taken at or around the time of death of the family member, and in any event within one month of the death.
E. EMPLOYEE BENEFITS
25. RETIREMENT FUND
25.1 All employers and employees must become members of a registered retirement fund.
25.2 Contributions by the employer and employee to such retirement fund are 6,5% of the basic wage per side.
26. BURSARY SCHEME
As per clause 26 of Part 1 of this Agreement.
27. FUNERAL BENEFITS
This clause does not apply to the Wool and Mohair Section.
28. PERSONAL PROTECTIVE EQUIPMENT
As per the provisions of clause 28 of Part 1 of this Agreement.
29. SACTWU HIV/AIDS PROJECT
Each employee shall be granted two (2) hours' paid time off per annum for HIV/AIDS awareness training. Such training to be co-ordinated by the SACTWU HIV/AIDS project.
For the purpose of providing for a fund to provide HIV/AIDS education and awareness in the workplace, each employer shall contribute 20c (twenty cents) per week per employee. Such contribution shall be made directly to the SACTWU Finance Department, on an annual basis, by no later than 31 January each year. The amount to be paid shall be calculated according to the number of employees in employ as at 30 November of the previous year. The union shall provide the employers with regular (at least bi-annual) reports on the activities of the SACTWU HIV/AIDS project.
30. LEARNERSHIPS
As per the provisions of clause 30 of Part 1 of this Agreement.
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 STEWARDS' RIGHTS AND FACILITIES
35.1 Shop stewards' leave entitlement shall be five days per shop steward per annum for the number of shop stewards set out in the Labour Relations Act.
35.2 In addition, each shop steward shall be entitled to one (1) day's paid time off, once off, for HIV/AIDS awareness training, and one (1) shop steward from each of the employers shall be entitled to attend the annual substantive negotiations on a paid basis.
35.3 Shop stewards at each workplace shall be granted one hour paid time off for a factory shop steward committee meeting, each month.
35.4 Each shop stewards' committee shall, at each company and by the 20th of each month, be provided with schedules reflecting the following details on request from the senior shop steward: All employees (broken down by permanent, learnership and/or temporary workers).
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
41.1 The closed shop shall be applicable to all bargaining unit employees at each company where a closed shop ballot has been conducted and two-thirds of those employees who have voted in the ballot have voted in favour of the closed shop.
41.2 to 41.7 As per the provisions of clause 41.2 to 41.7 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
Employer agency shop provisions are not applicable to this subsector.
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 to 48.3. As per the provisions of clause 48.1 to 48.3 of Part 1 of this Agreement.
48.4 The parties have agreed that the mix of conditions may be amended by mutual agreement between them at plant level, provided that the individual components of the overall package are not less favourable than the Council minimum conditions and that the overall package is not reduced.
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
As per the provisions of clause 50 of this Agreement.
51. DEFINITIONS
As per the provisions of Annexure A of Part 1 of this Agreement.
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