NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY

AMENDING PROVIDENT FUND COLLECTIVE AGREEMENT FOR THE KWAZULU-NATAL REGION       

G/N R. 782 - G/G 25082 OF 20 JUNE 2003

 

No. R.782                                                                                                                                                        20 June 2003

LABOUR RELATIONS ACT, 1995

NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY:

EXTENSION OF THE PROVIDENT FUND COLLECTIVE AMENDING AGREEMENT FOR THE

KWAZULU-NATAL REGION TO NON-PARTIES

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 Bargaining Council for the Clothing Manufacturing Industry 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 30 June 2003 and for the period ending 30 June 2005.

M. M. S. MDLADLANA

Minister of Labour

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE

NATIONAL BARGAINING COUNCIL FOR THE COUNCIL FOR THE CLOTHING

MANUFACTURING INDUSTRY AMENDING PROVIDENT FUND COLLECTIVE AGREEMENT FOR THE KWAZULU-NATAL REGION

in accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the

Natal Clothing Manufacturers' Association

(hereinafter, referred to as the "employers" or the "employers' organisation"), of the one part, and the

Southern African Clothing and Textile Workers' Union

(hereinafter referred to as the "employees" or the "trade union"), of the other part,

being the parties to the National Bargaining Council for the Clothing Manufacturing Industry, to amend the Agreement published under Government Notice No. R. 1516 of 27 November 1998, as amended by Government Notices Nos. R. 1281 of 29 October 1999 and R. 399 of 28 March 2003.

1. SCOPE OF APPLICATION

(1) The terms of this Agreement shall be observed in the Clothing Industry (Natal)-

(a) by all employers who are members of the employers' organisation and by all employees who are members of the trade union and who are engaged and employed in the Industry, respectively; and

(b) in the Magisterial Districts of Chatsworth, Durban, Inanda, Pinetown, Pietersburg and Lower Tugela.

(2) Notwithstanding the provisions of subclause (1), the terms of this Agreement shall-

(a) apply in respect of employees for whom wages are prescribed in the Main Agreement; and

(b) not apply in respect of employees whose basic wages exceed two and a half times the wage rate for a qualified Grade 1 employee or whose occupation is monthly paid and a managerial, specialist technical or non-production related nature.

(3) (a) The purpose of this Agreement is to make provision for retirement, disability, death and retrenchment benefits.

(b) Employers employing five employees or fewer shall, upon application to the Council in terms of clause 15 of the Agreement published under Government Notice No. R. 1516 of 27 November 1998 be exempted from this Agreement.

(c) Where an employer or an employee can satisfy the Council that any of the provisions of this Agreement are restricting entrepreneurial initiative and/or employment opportunities such employer or employee may apply to the Council for exemption from those specified provisions in terms of clause 15 of the Agreement.

(d) Clauses 1 (1) (a) and 2 of this Agreement shall not apply to employers and employees who are not members of the employers' organisation and trade union, respectively.

2. PERIOD OF OPERATION OF AGREEMENT

This Agreement shall come into operation on a date to be fixed by the Minister of Labour, in terms of section 32 (2) of the Act, and shall remain in force for the period ending 30 June 2005.

3. CLAUSE 20: FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION

Insert the following new clause after clause 19:

"CLAUSE 20: FREQUENCY OF NEGOTIATIONS AND INDUSTRIAL ACTION

(1) This Agreement shall remain in force until 30 June 2005: Provided that the parties to the Council shall annually negotiate through collective bargaining amendments to this Agreement, unless they agree to negotiate at different intervals: Provided further that no amendment(s) shall take effect before 1 July 2003.

(2) The parties to the Council, and in the event of this Agreement being extended to non-parties, non-party employers and their employees, shall have the right to pursue industrial action within establishments bound by the provisions of this Agreement, in compliance with the Act, after utilising applicable procedures, in the event of agreement not being reached on any issues in negotiations at the Council on wages and other substantive issues designed to replace or amend the remuneration and/or other substantive provisions of this Agreement.

(3) The reference to negotiations in sub-clause (2) above shall mean negotiations as contemplated in sub-clause (1) above.

(4) Section 65 (3) of the Act shall not render industrial action as contemplated in subclause (2) above unprocedural.".

Signed at Cape Town on behalf of the parties on this 22nd day of April 2003.

C. O. JEFTHA

Chairperson

M. W. SIDDONS

Vice-Chairperson

W. A. ROBBERTS

Acting General Secretary