NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY
AMENDING PROVIDENT FUND COLLECTIVE AGREEMENT FOR THE KWAZULU-NATAL REGION
G/N R. 1281 - G/G 20562 OF 29 OCTOBER 1999
GOVERNMENT NOTICE
DEPARTMENT OF LABOUR
No. R. 1281 29 October 1999
[GovNR1281y1999]
LABOUR RELATIONS ACT, 1995
[a66y1995]
CLOTHING INDUSTRY (NATAL): EXTENSION OF PROVIDENT FUND COLLECTIVE AMENDING AGREEMENT 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 Amending Agreement which appears in the Schedule hereto, which was concluded in the Bargaining Council for the Clothing Industry (Natal) and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the Amending Agreement, shall be binding on the other employers and employees in that Industry, with effect from 8 November 1999 and for the period ending 30 June 2005.
M. M. S. MDLADLANA
Minister of Labour
SCHEDULE
BARGAINING COUNCIL FOR THE CLOTHING INDUSTRY (NATAL)
PROVIDENT FUND COLLECTIVE AGREEMENT
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 Bargaining Council for the Clothing Industry (Natal), to amend the Agreement published under Government Notice No. R. 1516 of 27 November 1998.
(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, Pietermaritzburg 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 of 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 specific provisions in terms of clause 15 of the Agreement, published under Government Notice No. R. 1516 of 27 November 1998.
(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.
3.2 In subclause (2), substitute the expression "6% (six per cent)" for the expression "5% (five per cent)".
Dated at Durban on this 2nd day of July 1999.
R. M. CALDER
For NCMA
J. MBELU
For SACTWU