Government Gazette
Schedule |
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| No. R.430 |
18 April 2008 |
GOVERNMENT GAZETTE, 18 APRIL 2008 |
LABOUR RELATIONS ACT, 1995 |
NATIONAL TEXTILE BARGAINING COUNCIL: EXTENSION TO NON-PARTIES OF THE MAIN COLLECTIVE AMENDING AGREEMENT |
I, MEMBATHISI MPHUMZI SHEPHERD MDLADLANA, Minister of Labour, hereby in terms of section 32(2) of the Labour Relations Act, 1995, declare that the Collective Agreement which appears in the Schedule hereto, which was concluded in
the National Textile Bargaining Council, and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the Agreement, shall be binding on the other employers and employees in that Industry, with effect from 28 April 2008 and for the period ending 31 December 2008.
M. M. S. MDLADLANA,
Minister van Arbeid |
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SCHEDULE
NATIONAL TEXTILE BARGAINING COUNCIL
AMENDING MAIN COLLECTIVE AGREEMENT FOR THE TEXTILE
INDUSTRY OF THE REPUBLIC OF SOUTH AFRICA
in accordance with the provisions of the Labour Relations Act, 1995 (as
amended), made and entered into by and between the
South African Cotton Textile Processing Employers' Association
(SACTPEA)
South African Carpet Manufacturing Employers' Association (SACMEA)
National Manufactured Fibres Employers' Association (NMFEA)
National Association of Worsted Textile Manufacturers (NAWTM)
Woven Crochet and Knitted Narrow Fabric Manufacturers' Association
South African Wool and Mohair Processors' Employers' Organisation
(SAWAMPEO)
National Textile Manufacturers' Association (NTMA)
South African Home Textiles Manufacturers Employers' Organisation
(HOMETEX)
South African Blankets Manufacturers Employers' Organisation
(SABMEO)
(hereinafter referred to as the "employers' organisations") of the one part, and the
Southern African Clothing and Textile Workers' Union (SACTWU)
(hereinafter referred to as the "trade union") of the other part, being the parties to the
National Textile Bargaining Council (NTBC) to amend the collective
agreement published under Government Notice No. R. 78 of 9 February 2007
PART I
A: APPLICATION
1. SCOPE OF APPLICATION
(a). This Agreement applies to all employers and all employees who are members of the parties to this Agreement and who are engaged in the Textile Industry, as defined in the registered scope of the Bargaining Council, and which consists of the following:
"Textile Industry or Sector or Industry" - means without in anyway limiting the ordinary meaning of the expression, the enterprise in which the employer(s) and the employees are associated, either in whole and or in part, for any activity relating to the processing or manufacture of fibres, filaments or yarns, natural or man-made and the processing or manufacture of products obtained there from, including all activities incidental thereto or consequent thereon, defined as follows:
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1.1. Scope as defined by process and activity
1.1.1. Fibre Manufacture
The handling, processing and manufacture of all classes of fibre, yarns, threads, blends and manufactured raw materials from which these are derived, which shall include, but not be limited to, the fibres manufactured or processed
from the following types of raw material:
1.1.1.1. Natural Fibres
- Vegetable fibres : cotton, kapok, coir, flax, hemp, jute, kenaf, ramie
manila, henequen, sisal, sugar cane or other plant seeds, bast or leaf
material.
- Animal fibres : wool, mohair, cashmere, silk, angora, alpaca, feathers and
any type of animal hair.
- Mineral fibres : asbestos or other inorganic material.
1.1.1.2 Manufactured Fibres:
- Synthetic polymers : including polymethylene, polyolefin,
polyvinyl, polyurethane, polyamaide, aramid, polyester and synthetic polyisoprene
- Natural polymers : including made from or comprising aliginate rubber, regenerated proteins regenerated cellulose and celluloseester
- Minerals : including rock wool, carbon fibre and glass fibre or any other fibre manufactured from minerals and,
- all other manufactured fibres and tapes not specified above.
1.1.2 Preparation of Natural Fibres
The receiving, sorting, grading, weighing, cataloguing, washing, scouring, ginning, fibre-working, blending, carding, combing, cutting, dyeing, bleaching, cleaning, as well as the activities performed by wool and mohair brokers, buyers, and dealers; and any other activities carried on in an enterprise.
1.1.3 Manufacture Textiles
The manufacture, processing, dyeing, finishing, and further processing of all classes of woven, non-woven, crocheted and braided textiles from any of (or combination of) the inputs specified in 1.1 utilising the activities and processes of carding, combing, spinning, winding, twisting, drawing-in, warping, weaving, crocheting, braiding, embroiding, tufting, plaiting, feting, blending, raising, needling, stitch-bonding, spunlaid, wetlaid or other bonding processes, printing, dyeing, lamination, making-up and finishing as well as any other products made from raw materials produced by the processes and activities referred to 1.1 and 1.2 above.
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1.2. Scope as defined by product:
The products and activities referred to 1", (above) shall include, but not be limited to, the following products (used here simply as an indicative list):
a. synthetic textile fibres and yarns;
b. vegetable fibres and yarns (including the activities conducted in cotton gins)
c. woven fabrics and products;
d. non-woven fabrics and products;
e. woven, crocheted, braided, plaited, knitted tapes, narrow fabric products (whether rigid or elasticised) webbing, interlinings, tapes or bias binding /clothing accessories;
f. embroidery (where done in an establishment not covered by any clothing bargaining Council);
g. frills, tassels, bows and similar finishings;
h. shoe laces;
i. lace and netting; (general)
j. worsted tops or noils, or yarns or fabrics;
k. towelling or towels;
l. all types of made-up textiles, including curtains and blinds, sheets, bedspreads, quilts, duvets and other bed linen; pillows and cushions, textile materials found in bathrooms and restrooms
m. carpets, rugs, mats and matting, carpet tiles, and rugs (including as used in applications for floors and walls in domestic, commercial and residential premises; as well as that found in all types of automobiles, aeroplanes, trains, ships and any other form of transport);
n. flock, foam, wadding, or padding, including shoulder padding, and all items with feather fillings;
o. under-felt and felt;
p. cleaning cloths, cleaning rags, dusters;
q. blanketing, blankets, travelling-rugs, shawls and throws;
r. technical and/or industrial textiles, including woven, non-woven and specialized fibres and yarns, such as used in the following applications:
- tyre-cord, belting, hose, tank fabrics, conveyor belts;
- textiles used to reinforce plastics; mining area civil engineering
- textiles like separation, drainage and reinforcement materials,
mine props, backfill fabrics, ventilation curtains, blast barricades;
- textiles used in agriculture/horticulture, like those for weed control, hail and frost protection, early crop ripening, bags for fertilizers/produce;
- textiles for tarpaulins, awnings, furnishings, umbrellas, footwear, automotive trim, luggage, sail cloth, airbags, spinnakers, hot air balloons, print screens, paper felts, arrestor fabrics;
- medical textiles like blood filters, membranes, bandages, cotton wool, lints, gauze, swabs, surgical dressing, and sanitary towels;
- fabrics used to filter air, gas or liquids;
- fabrics used for protective garments such as breathable fabrics, flame-proof fabrics, acid-proof fabrics, bullet-proof fabrics; brake and clutch linings, gland packings, seals; cord, ropes, twine, nets, and netting.
(b) The terms of this Agreement shall not apply to non-parties in respect of clause 1. (a) and 2.
2. PERIOD OF OPERATION
This Agreement shall come into operation on such a date as the Minister of Labour extends the Agreement to non-parties, and shall remain in force until 31 December 2008.
3. EXCEPTIONS
3.1. The provisions of this Agreement shall not apply to employees whose wages are not prescribed herein, unless otherwise specified in this Agreement.
3.2. Subject to clause 1. (b), the provisions of this Agreement shall not apply to non-parties in respect of clause 1. (a), 2 and clause 34.
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