Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 2: Definitions

Definitions (A)

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"accessory shop"

means any establishment or part of an establishment wherein, whereon, or wherefrom are sold or offered for sale by wholesale or retail, any new and used spares, replacement parts or accessories for the repair of or addition to any motor vehicle;

 

"accountant" (Division B)

means an employee who is exclusively responsible for producing, finalising and submitting a full set of annual financial statements for an establishment registered in the Motor Industry;

 

"Act"

means the Labour Relations Act, 1995 (Act 66 of 1995) as amended;

 

"Administrative Agreement"

means the Agreement entered into between the parties for the administration of the Council as published in terms of a Government Gazette and any subsequent renewals and/or amendments thereto.

 

"apprentice"

means an employee serving under a written contract of apprenticeship registered or deemed to have been registered under the Skills Development Act 97 of 1998, as amended, and includes a minor employed on probation in terms of that Act as well as a learner in terms of Chapter IV of the Skills Development Act, 97 of 1998 as amended.

 

"armature winder"

(grade 5 employee)  (Chapter V)  means an employee who is mainly or exclusively engaged on any of the operations involved in the reconditioning or the rewinding of field coils, armatures and/or alternator rotors and stators, other than the final testing of these components or the skimming of commutators (this means the final testing and skimming remain part of a artisan's work).

 

“Artisan”

(All Chapters) means a person who performs artisan's work and who—

1. has served an apprenticeship in a designated trade in accordance with the requirements of the Skills Development Act 97of 1998 as amended, or in accordance with a written contract approved by any Regional Council; or
2. is in possession of a Grade A membership card issued by MISA or the National Union of Metalworkers of South Africa; or
3.is in possession of a certificate issued to him in terms of the Skills Development Act 97 of 1998 as amended; or
4. is in possession of an identity card issued by the Regional Council.

 

“Artisanal work”

means work in any designated trade (in terms of the Skills Development Act 97 of 1998 as amended), in connection with the activities covered by the definition of `Motor Industry' and as used in Division A, Clause 2, means any of the operations carried on in motor vehicle, engine or components repairing or servicing establishments, or in vehicle body building establishments, or in motor vehicle component, manufacturing or reconditioning establishments, and which are not permitted in terms of this Agreement to be performed by any class of employee other than an artisan.

 

"auto body repair shop"

means an establishment or part of an establishment in which the activities carried out are mainly or exclusively the assembling, erecting, testing, remanufacturing, repairing, adjusting, overhauling, wiring, upholstering, spraying, painting and/or reconditioning of chassis and/or bodies of motor vehicles;

 

"auto-electrician"s assistant"

(grade 5 employee) (Chapter I) means an employee in an auto-electrical shop where at least one journeyman of the type normally employed in this kind of establishment is actively engaged and who, under the supervision of such journeyman, mainly or exclusively removes from and/or replaces electrical components and/or units and/or parts of motor vehicles without making final electrical connections and/or adjustments and/or strips components so removed;

 

[Note - The number of auto-electrician's assistants that may be employed in any one establishment is governed by the ratio provisions of clause 3 of Division C, Chapter I];

 

"automotive engineering establishment"

means an establishment or clearly defined part of an establishment in which the main exclusive activity is automotive engineering including re-machining;

 

“automotive tinter”

(grade 2 employee) (Chapter I and II) means an employee mainly or exclusively engaged in the application of visible light transmittance film, vinyl wrap and/or printed decal to automotive components or glass.

 

"Auto valet establishment"

means an establishment associated with filling and/or service stations forming part of the same enterprise within the Motor Industry wherein the undermentioned activities pertaining to motor vehicles in or on the premises of such establishment are carried out:

1. Steam cleaning of chassis/or engines;
2. Washing and/or polishing of the exterior/body;
3. Vacuuming and/or cleaning of upholstery and/or interior;
4. Painting and/or polishing of tyres; and
5. Driving and/or parking of vehicles on premises of a valet establishment.