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, as follows:
"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 therefrom, including all activities incidental thereto or consequent thereon, defined as follows:
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 manufacturedor 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.
1.1.2. ManufacturedFibres:
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 cellulose ester
Minerals: including rock wool, carbon fibre and glass fibre or any other fibre manufacturedfrom minerals and,
all other manufacturedfibres 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 of 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.Iand 1.2 above.
2 Scope as defined by product:
The products and activities referred to "I",(above) shall include, but not
be limited to, the following products (used here simply as an indicative list):
a. synthetic texiile 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 Iclothing 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 trains, ships and any other form of transport);
n. flock, foam, wadding, or padding, including shoulder padding, and al 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 andlor 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 and 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.
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 December2009.
3. EXCEPTIONS
3.1 The provisions of this Agreement shall not apply to employees whose wages are not prescribed herein, unless othewise 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.
H. GENERAL
4. CLAUSE 45: REGISTRATION OF EMPLOYERS AND EMPLOYEES
Substitute the following for the existing clause 45 Unless otherwise specified in the relevant Annexures in Part 2 of this agreement-
45.1 every employer in the Textile Industry to whom this Agreement is applicable, and who has not registered with Council, shall, within 30 days from the date on which this Agreement becomes
effective, register with the Council and furnish the following particulars to the Secretary of the Council:
45.1.1 the employer's name and address; 45.1.2 the business's name and address; 45.1.3 the date of the start of the business; 45.1.4 the nature of the business and product made; 45.1.5 an application for membership of the Textile Industry Provident fund, subject to the provisions of clause 25.1;
45.2 Every employer shall notify the Council in writing of any change in particulars furnished on registration or of ceasing operations in the lndustry, within 14 days of such change or of ceasing operations; 45.3 An employer shall comply with all the terms and provisions of this
Agreement and if this Agreement is silent on a certain issue, also with the terms and provisions of any employment law; 45.4 Every employer shall keep employee records as specified by the Basic Conditions of Employment Act, No. 75 of 1997;
45.5 Each employer must submit statistical and information returns in the
prescribed formats by the required date as determined by the Council from time to time; 45.6 The Secretary of the council must keep a register of all known employers engaged in the industry.
