SCHEDULE NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT AND LOGISTICS INDUSTRY (NBCRFLI) MAIN COLLECTIVE AGREEMENT

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

between the -

ROAD FREIGHT ASSOCIATION (RFA)

NATIONAL EMPLOYERS’ ASSOCIATION OF SOUTH AFRICA (NEASA)

CONSOLIDATED EMPLOYERS ORGANISATION OF SOUTH AFRICA (CEOSA)

(hereinafter referred to in this Agreement as the "employers' organisation")

on one part, and the

SOUTH AFRICAN TRANSPORT AND ALLIED WORKERS’ UNION (SATAWU)

MOTOR TRANSPORT WORKERS’ UNION OF SOUTH AFRICA (MTWU)

(hereinafter referred to in this Agreement as the "trade unions"), on the other part,

being the parties to the National Bargaining Council for the Road Freight and Logistics Industry.

(hereinafter referred to in this Agreement as the “Bargaining Council”)

PART 1: APPLICATION AND DURATION OF AGREEMENT

1.Application of Agreement

(1)The terms of this Agreement shall be observed by employers and employees in the Road Freight and Logistics Industry as defined hereunder, in the Republic of South Africa:

“Road Freight and Logistics Industry” or “Industry” means the industry in which employers and their employees, as defined in Paragraph A hereunder, are associated for carrying on one or more of the following activities for hire or reward:

(i)The transportation of goods by means of motor transport;

(ii)The storage of goods, including the receiving, opening, unpacking, packing, despatching and clearing or accounting for of goods where these activities are ancillary or incidental to paragraph (i); and

(iii)The hiring out by temporary employment services of employees for activities or operations which ordinarily or naturally fall within the transportation or storage of goods as contemplated by paragraphs (i) and (ii) of this definition.

The “transportation of goods” does not include the undertakings, industries, trades or occupations in respect of which the following bargaining councils are registered:

(i)Transnet Bargaining Council; and

(ii)Motor Ferry Industry Bargaining Council of South Africa.

For the purposes hereof-

“Paragraph A” means those employees in the Road Freight and Logistics Industry, as defined above, in the categories as mentioned hereunder:

(a) Employees covered by the definition of the Industry as defined above:

•Basic rigger driver

•General workers;

•Security guards, security officers, custodians, vehicle guards, team leaders;

•Motor vehicle drivers;

•Artisan assistants, semi-skilled artisans, repair shop workers;

•Operators;

•Dispatch clerks, checkers, packers/loaders;

•Storemen.

•Personal assistants, receptionists, clerks, administrators, data capturers, chemical cleaners;

•Junior controllers, branch administrators, driver trainers.

•Box Room Marshalls (Cash in Transit);

•Radio Controllers (Security Officer III) (Cash in Transit);

•Tactical Support Officers / Team Leaders (Security Officer II) (Cash in Transit);

•Counting House Tellers (Cash in Transit);

•Box Staff (Cash in Transit);

•Key Marshalls (Cash in Transit)

•Cage Men (Cash in Transit)

•Client Liaison Officers (Cash in Transit);

•Training Officers (Cash in Transit);

•General Worker: Cleaners (Cash in Transit);

•Receptionist (Cash in Transit).

(2)Notwithstanding the provisions of sub-clause (1), this Agreement shall apply to:

(a)Employees for whom minimum wages are prescribed in this Agreement and to the employers of such employees;

(b)other categories of employees, listed in schedule 7 who qualify for the across the board increases, as well as payments and benefits specified to the employers of such employees; and

(c)owner-drivers and their employees only insofar hours of work and limitations on hours of work and registration with the Council is concerned.

(3)Subject to clause (4), this Agreement applies to owner-drivers, and to the employees of owner-drivers.

(4)An owner-driver -

(a)who is an employer must observe the same hours of work and limitations on hours of work that are prescribed in this Agreement for employees;

(b)who possesses only one motor vehicle and is the permanent driver of that vehicle is only required to comply with the requirements of sub-paragraph (a) of this clause and clause 45.

(5)Part 10 of this Agreement sets out provisions that apply to particular categories of employees. It -

(a)specifies categories of employees in respect of whom only particular provisions of this Agreement apply;

(b)provides provisions that apply to specific categories of employees in addition to the rest of the Agreement;

(c)modifies certain provisions of this Agreement for the purposes of specific categories of employees.

(2)This Agreement shall become binding on non-party employers and employees once it is extended by the Minister of Employment and Labour in terms Section 32 of the Act from a date determined by the Minister but not earlier than 1 March 2024 until 28 February 2025.

PART 3: LEAVE

PART 4 - BENEFIT FUNDS

24.Continuation of benefit funds

(1)The following funds are hereby continued -

(a)the Leave Pay Fund established under Government Notice No. R.41 of 15 January 1971;

(b)the Holiday Pay Bonus Fund established under the provisions of the Agreement published under Government Notice No. R.41 of 15 January 1971;

(c)the Sick Fund established under Government Notice No. R.1238 of 12 June 1953 and continued and renamed as the Sick and Absence Fund under Government Notice No. R.559 appearing in Government Gazette 30041 of 6 July 2007.

(2)The calculation and payment of benefit funds which includes the Leave Pay Fund, Holiday Pay Bonus Fund and the Sick and Absence Fund will no longer be linked to 252 shifts;

(3)An employer is required to pay contributions in respect to all benefit funds to the Council as prescribed. An employer is entitled to submit a claim against a portion of contributions of an employee during any specific month as a result of the employee’s unauthorised absence, as defined. Such claim must be in writing and accompanied by sufficient proof.

25.General provisions on contributions to benefit funds and claims from benefit funds

(1)In respect of contributions due in terms of the benefit funds listed in clause 24, employers must -

(a)effect payment by no later than the 20th of each month;

(b)effect payment to the National Secretary of the Council;

(c)submit to the National Secretary of the Council, by no later than the 20th day of the following month, a monthly return prescribed by the Council for this purpose.

26.General provisions on the administration of benefit funds

(1)All money paid into any of the benefit funds referred to in clause 24, must be deposited in a special bank account to be operated for and in the name of that benefit fund.

(2)Any money in a benefit fund that is not required for immediate use may be invested by the Council from time to time in terms of section 53 (5) of the Act.

(3)Income earned on invested money accrues to the Council.

(4)Any contribution paid to a benefit fund, which is not legally claimed within five years of receipt of that contribution Council will embark on a process of tracing the rightful owner or the beneficiaries as per the tracing policy.

(5)In respect of each benefit fund, the Council must appoint a registered auditor to -

(a)audit the accounts of the relevant benefit fund at least once a year; and

(b)prepare a statement showing all money received and expenditure incurred under all headings for the financial year to the end of February together with a balance sheet showing the assets and liabilities of the fund as at that date.

(6)The audited statement and balance sheet of each benefit fund, countersigned by the Chairperson of the Council, together with any reports made thereon by the auditor -

(a)must lie for inspection at the offices of the Council; and

(b)a certified copy thereof must be transmitted to the Registrar of Labour Relations within three months of the close of the period covered thereby.

(7)In the event of the dissolution of the Council, or the Council ceasing to function, during the currency of this Agreement, the Registrar of Labour Relations may appoint a committee, or committees, consisting of an equal number of representatives of employers and employees in the Industry for the purpose of administering the benefit funds.

(8)Any vacancies occurring on the committee or committees referred to in sub-clause (7), may be filled by the Registrar of Labour Relations from among representatives of employers or employees in the Industry, as the case may be. Where the committee is unable or unwilling to discharge its duties, the Registrar may appoint one or more trustees to administer the relevant benefit fund. The committee, or trustee or trustees so appointed must have the powers vested in the Council for the purposes of administering that fund.

(9)If there is no Council in existence upon the expiration of this Agreement, the benefit funds must either -

(a)continue to be administered by the committee or trustee or trustees functioning at the time and any amount remaining to the credit of a particular fund must be distributed in terms of section 59 (5) of the Act as if it formed part of the general funds of the Council;

(b)be wound-up in terms of clause 27.

(10)In the event of the Council incorrectly making payment to an employee or an employer from a benefit fund as a result of the employer’s failure to comply with any of the provisions of this Agreement, or as a result of an error by any person, the Council may invoke the provisions of the Exemptions and Dispute Resolution Collective Agreement to recover the amount incorrectly paid.

(11)If the incorrect payment referred to in sub-clause (10) was occasioned by a fault or error on the part of the employer, the employer will be liable for all costs incurred by the Council in recovering the amount.

27.Winding-up of benefit funds

(1)A benefit fund must be wound up if -

(a)this Agreement, or of any extension or renewal of this Agreement, expires by efflux of time or any other cause; and

(b)within a 12 month period from the date of such expiry -

(i)a subsequent Agreement of the Council providing for the continuation of that benefit fund has not been negotiated; or

(ii)the benefit fund is not transferred by the Council to any other fund established for the same purpose as that benefit fund.

(2)A benefit fund must be administered by the Council -

(a)in the 12 month period referred to in sub-clause (1) (b); or

(b)in the relevant lesser period if a subsequent Agreement is entered into or the fund is transferred to another fund as envisaged by sub-clause (1) (b).

(3)If there is no Council in existence upon the expiry of this Agreement, the benefit fund must be wound-up immediately.

(4)Upon winding-up of a benefit fund, the money remaining to the credit of that fund must -

(a)first be used to pay all claims against the fund, including administration and winding- up expenses;

(b)if the Council is still in existence, the remainder of the money must be paid into the general funds of the Council;

(c)if the Council is no longer in existence, and the affairs of the Council have already been wound up and its assets distributed, any money remaining to the credit of the fund must be distributed in terms of section 59(5) of the Act as if they formed part of the general funds of the Council.

28.Administrative provisions on payments out of the Leave Pay Fund and the Holiday Pay Bonus Fund

(1)An employer must each year, at least 15 days before the completion of an employee's annual leave cycle prescribed in clause 18(1) complete in triplicate a Leave Pay Advice Voucher in the form specified by the Council for this purpose (Annexure A6), and -

(a)retain one copy;

(b)hand one copy to the employee;

(c)forward one copy to the National Secretary of the Council together with any Leave Pay Fund contributions in respect of that employee for the relevant annual leave cycle that have not been paid to the Council; and

(d)occasional Leave Pay Fund applications must reach Council at least 5 working days before the employee commences on leave.

(2)Payment of leave pay by the Council, is subject to -

(a)the employee completing the annual leave cycle referred to in clause 18 (1);

(b)the Council holding money to the credit of the employee in the Leave Pay Fund; and

(c)the employer lodging an application for payment with the National Secretary of the Council in accordance with sub-clause (1).

(3)On receipt of an application in terms of this clause, the Council must pay an amount equal to the leave pay contributions received by the fund during the annual leave cycle for that employee.

(4)The payment of leave pay must be made when the employee proceeds on leave, either -

(a)to the employee directly; or

(b)with the agreement of the employee and the employer, to the employer for onward payment to the employee.

(5)Council must pay a holiday pay bonus (13th cheque) to each employee during December of each year, subject to -

(a) the Council holding money to the credit of the employee in the holiday pay bonus fund.

29.Leave Pay Fund

(1)Contributions to the Leave Pay Fund -

(a)must be paid in respect of every employee employed by the employer in grades 1 - 6 during the preceding month;

(b)are calculated as follows -

(i)employees with less than 5 years continuous service 25% of the normal basic weekly wage earned;

(ii)employees with 5 years completed service but less than 10 years continuous service 28.34% of the normal basic weekly wage; and

(iii)employees with 10 years and longer completed service 33.3% of the normal basic weekly wage.

(c)contributions are payable to the Council irrespective of the number of days that an employee has worked during a specific month, subject to the provisions of clause 24(2) and (3)

(2)In lieu of the contributions due in terms of sub-clause (1), the following employers may pay each specified employee an amount based on the formula set out in sub-clause (3) -

(a)a temporary employment service in respect of temporary employees;

(b)an employer of part-time employees working less than 15 hours per week; or

(c)an employer of relief employees who have been employed for more than 90 days in a

52-week period.

(3)The formula to be applied for payment in lieu of contributions to the Leave Pay Fund is, in respect of every ordinary hour of work or part of an hour worked in each job category-

25 /100 x Total basic wage for week/195

(4)An employer of a part-time employee who works an average of 15 or more ordinary hours per week must, in respect of the contributions due in terms of sub-clause (1), base the calculation on the employee’s normal basic weekly wage using the following formula

Normal basic weekly wage = Total basic weekly wage due for month x 3/13

(5)The contributions referred to in clause 29(1) must be included in each employees’ remuneration by the relevant employer for the purpose of calculating employees’ tax, on a monthly basis. Every employer shall pay over the amount of employees’ tax so withheld to the Commissioner for the South African Revenue Service (SARS) in accordance with the provisions of the Fourth Schedule to the Income Tax Act, 1962, as amended or replaced from time to time.

30.The Holiday Pay Bonus Fund

(1)Subject to this clause all employees in the Industry are entitled to a guaranteed 13th cheque equal to 4.33 weeks of annual basic earnings payable after 12 months continuous service with one employer. The 13th cheque will be paid directly to employees during December every year and will be prorated during the first year of service. Contributions to the Holiday Pay Bonus Fund -

(a)must be paid in respect of every employee employed by the employer in grades 1 - 6 during the preceding month;

(b)are equivalent to 36.08% of the normal basic weekly wage earned by the employee;

(c)must be paid on a monthly basis if an employee has worked during the preceeding month; and

(d)must be paid to the Council irrespective of the number of days that an employee has worked during a specific month, subject to the provisions of clause 24 (2) and (3).

(2)In lieu of the contributions due in terms of sub-clause (1), the following employers may pay each specified employee an amount based on the formula set out in sub-clause (3) -

(a)a temporary employment service in respect of temporary employees;

(b)an employer of part-time employees if those employees work less than 15 hours per week; or

(c)an employer of relief employees who have been employed for more than 90 days in a 52-week period.

(3)The formula to be applied for payment in lieu of contributions to the Holiday Pay Bonus Fund is in respect of every ordinary hour of work or part of an hour worked in each job category-

36.08/100 x Total actual wage for week/195

(4)An employer of a part-time employee who works an average of 15 or more ordinary hours per week must, in respect of the contributions due in terms of sub-clause (1), base the calculation on the employee’s normal basic weekly wage using the following formula

Normal actual weekly wage = Total actual weekly wage due for month x 3/113

(5)No deductions from holiday pay bonus may be made as a set-off against any money that may be owing to an employer by an employee.

(6)The contributions referred to in clause 30(1) must be included in each employees’ remuneration by the relevant employer for the purpose of calculating employees’ tax, on a monthly basis. Every employer shall pay over the amount of employees’ tax so withheld to the Commissioner for the South African Revenue Service (SARS) in accordance with the provisions of the Fourth Schedule to the Income Tax Act, 1962, as amended or replaced from time to time

PART 5: REMUNERATION

31.Payment of remuneration for employees other than relief employees

(1)For the purposes of this clause, remuneration includes an employee’s wages, payments for overtime, allowances and all other payments due to an employee.

(2)An employer must pay an employee’s remuneration -

(a)in cash weekly during the ordinary hours of work of the employee on the usual pay day of the establishment;

(b)with the written consent of the employee

(i)monthly in cash or by cheque during the ordinary hours of work of the employee on the usual pay day of the establishment;

(ii)whether the employee is weekly paid or monthly paid into that employee’s bank account, on or before the usual pay day of the establishment.

(c)on termination of employment on the usual pay day;

(d)remuneration payments made in cash or by cheque must be contained in a sealed wage envelope or a sealed container.

(3)The wage envelope or container referred to in sub-clause (d) must record the following information, or must be accompanied by a statement recording the following information-

(a)the employer's name;

(b)the employee's name or his number on the payroll and his category;

(c)the number of ordinary hours of work worked by the employee;

(d)the number of overtime hours worked by the employee;

(e)the employee's actual wage;

(f)details of any other payments arising out of the employee's employment;

(g)details of any deductions made;

(h)the actual amount paid to the employee; and

(i)the period in respect of which payment is made, and the envelope or container on which the said particulars are recorded, or the statement on which such particulars are shown, shall become the property of the employee.

(4)If an employee’s remuneration is paid into that employee’s bank account, the employer must provide the employee with -

(a)a receipt showing proof of payment; and

(b)a statement referred to in sub-clause (3).

(5)The particulars prescribed in sub-clause (3) may be recorded in code provided that the code is fully set out and explained in a notice -

(a)that accompanies the payment; or

(b)is kept posted in a conspicuous place in the establishment accessible to all affected employees.

(6)If an employee is absent on the usual pay day of the establishment, the employee must be paid within 24 hours of the employee’s return to the establishment.

(7)Within 14 days of the date of payment, an employee may direct a query to an employer concerning -

(a)any particulars provided on the employee’s wageenvelope,container, or accompanying statement;

(b)the amount paid to the employee.

(8)If an employee is not satisfied with an employer’s response to a query lodged in terms of sub-clause (7), the employee may direct the query to the Council, which query must be received by the Council within 26 weeks of the date of payment.

32.Prohibited directives and deductions

(1)Subject to any other law, no payment by or on behalf of an employee may be accepted by an employer, either directly or indirectly, in respect of the employment or training of such employee.

(2)An employer may not require an employee to purchase any goods from the employer or from any business or person nominated by the employer.

(3)Subject to any other law, an employer may not require an employee to accept accommodation, meals or rations from the employer or from any person or at any place nominated by the employer.

(4)An employer may not apply set-offs against an employee’s remuneration for any reason whatsoever, except in accordance with clauses 37, 38 and 39.

35.Incentive work

(1)An employer may introduce an incentive scheme in terms of which an employee’s remuneration is based on the quantity of work done or the employee’s output, if -

(a)the scheme complies with this clause and has the approval of the Council;

(b)the registers prescribed in clauses 50 and 51 of this Agreement are properly kept;

(c)an employee who is part of the scheme, is not paid less than the amount that employee would otherwise be entitled to in terms of clauses 11, 14, 15, 16 and 36 and Schedule 5.

(2)An employer who wishes to introduce an incentive scheme must set up a committee consisting of anequalnumber of representatives of management and elected

representatives of employees to negotiate and agree the terms of the scheme.

(3)The terms of an incentive scheme -

(a)must be reduced to writing and be signed by all the members of the joint representative committee; and

(b)may not be varied or terminated by any party to the scheme unless that party -

(i)has given all other parties notice in writing as may have been agreed upon by the parties who entered into the scheme;

(ii)has complied with any other obligations set out in the scheme for varying or terminating the scheme.

36 A. Subsistence Allowance

(1)This clause does not apply to employers and employees in Sugar Cane and Forestry InField Operations.

(2)Schedule 5 to this Agreement sets out the minimum amount payable as a subsistence allowance.

(3)A subsistence allowance -

(a)must be paid to employees who, in the performance of their duties, are absent from their place of residence and their employer’s establishment for any period extending over the compulsory rest interval of nine consecutive hours prescribed in clause 6 (1);

(b)is in addition to any other remuneration due to an employee;

(c)is payable within seven days of completion of the journey to which it relates;

(d)is payable in advance to an employee who is required to undertake a journey involving an absence of 48 hours or more. In this event, the duration of absence must be estimated and the employee must refund to the employer any overpayment of the allowance on completion of the journey.

(e)The employer is entitled to recover, any unused portion of such allowance at the next pay date following the employee’s return from the trip to his place of residence or employer’s establishment. In addition, should an employee complete more trips than planned, the relevant subsistence allowance shall apply and will be paid to the employee at the next pay date.

(4)An employee who qualifies for and receives a subsistence allowance is not entitled to a night shift allowance.

36 B. Cross Border Allowance

(1)This clause does not apply to employers and employees in Sugar Cane and Forestry InField Operations.

(2)Schedule 5 to this Agreement sets out the minimum amount payable as a cross border allowance.

(3)A cross border allowance -

(a)must be paid to employees who, in the performance of their duties, cross the borders of South Africa and are absent from their place of residence and their employer’s establishment for any period extending over the compulsory rest interval of nine consecutive hours prescribed in clause 6 (1);

(b)is in addition to any other remuneration due to an employee;

(c)is payable within seven days of completion of the journey to which it relates;

(d)is payable in advance to an employee who is required to undertake a journey involving an absence of 48 hours or more. In this event, the duration of absence must be estimated and the employee must refund to the employer any overpayment of the allowance on completion of the journey.

(e)The employer is entitled to recover, any unused portion of such allowance at the next pay date following the employee’s return from the trip to his place of residence or employer’s establishment. In addition, should an employee complete more trips than planned, the relevant cross border allowance shall apply and will be paid to the employee at the next pay date.

(4)An employee who qualifies for and receives a cross border allowance is not entitled to a night shift allowance or a subsistence allowance.

37.Deductions for loss or damage

(1)Subject to sub-clause (2) below and except where otherwise provided in this Agreement, employees may not agree to any deductions from their wages in respect of loss or damage suffered by their employer, unless -

(a)the loss or damage occurred in the course of employment and was due to the fault of the employee;

(b)the deduction amounts to less than R1 000,00; and

(c)the agreement to the deductions is reduced to writing and the employee signs the document in the presence of a fellow employee of the employee’s choice.

(2)If an employee does not agree to a deduction, or in the case of any deduction exceeding R1 000.00, the employer may only make the deduction if the employer has found the employee liable for such loss or damage after a fair inquiry at which a fair procedure was followed and the employee has been given a reasonable opportunity to show why the deduction should not be made.

(3)The total amount of any deductions for loss or damage -

(a)may not exceed the actual amount of the loss or damage and no deduction may be made if it would result in any employer being reimbursed twice for the same loss or damage;

(b)may not exceed one quarter (25%) of the employee’s monetary remuneration.

(4)In any period of 52 weeks, deductions for loss or damage may not exceed 20% of the annual wage of an employee.

(5)The employer shall not be entitled to make any deductions for loss or damage regardless of the amount if the cost for such loss or damage is or may be recovered from an insurance company, in-house company, in-house insurance or third party insurance: provided that the employer is still entitled to make deductions pertaining to such portion of the cost not recoverable from such insurance company or third party, whether or not an insurance claim is made.

(6)In the event that the loss or damage including any related excess amount is not fully recoverable from the insurance company or third part the employer is entitled to deduct the difference in accordance with the provision of clause 37. In such instance the employer must disclose to the employee and the employee’s representative the amount recovered or recoverable from the insurance company or third party prior to conclusion of the relevant agreement or inquiry.

38.Deductions for debts to third parties

(1)In respect of any other debt, an employer may not make any deductions from an employee’s remuneration unless -

(a)the deduction is required or permitted in terms of any law, collective agreement, court order or arbitration award; or

(b)the employee agrees in writing to the deduction in respect of a debt specified in that agreement; or

(c)an agreement in respect of any goods purchased by the employee specifies the nature and quantity of such goods.

(2)An employer who deducts an amount from an employee’s remuneration for payment to another person must pay the amount to that other person in accordance with the time

period and other requirements specified in the agreement, law, collective agreement, court order or arbitration award.

39.Other deductions

(1)An employer may not require or permit an employee to -

(a)repay any remuneration, except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or

(b)acknowledge receipt of a greater amount than the remuneration actually received.

(2)Except as otherwise provided in this Agreement, an employer may deduct, from the remuneration of an employee who is absent from work otherwise than at the instance of the employer, an amount -

(a)proportionate to the period of the employee’s absence;

(b)calculated on the basis of the employee’s basic wage in respect of ordinary hours of work at the time of the absence.

(3)Subject to the consent of the Council, an employer may deduct from an employee’s remuneration -

(a)an amount advanced to an employee by the employer;

(b)the cost of protective clothing, tools or equipment issued to the employee free of charge and not returned to the employer, when requested to do so.

(4)The Council will only give its consent to a deduction for the loss of tools or equipment that -

(a)were specifically issued to a driver and which should remain in the driver’s possession at all times that the driver is on duty;

(b)must be carried on a vehicle and must be fixed to or locked in the vehicle.

(5)An employee who feels aggrieved by any deduction from remuneration may, on good cause shown, appeal to the Council which must, consider all relevant facts and either uphold or deny such appeal.

PART 6: TERMINATION OF EMPLOYMENT

40.Notice and payment in lieu of notice

(1)Subject to sub-clause (2), an employer or an employee, other than a relief employee or a temporary employee of a temporary employment service, may terminate the contract of employment on notice of not less than -

(a)one week, if the employee has been employed for 26 weeks or less;

(b)two weeks, if the employee has been employed for more than 26 weeks but not more than 52 weeks;

(c)four weeks, if the employee has been employed for more than 52 weeks.

(2)In lieu of notice -

(a)an employer may pay the employee the remuneration the employee would have received if the employee had worked during the notice period;

(b)an employee may agree to forfeit or pay the amount the employee would have received had the employee worked during the notice period.

(3)Notice of termination of employment must be in writing in the form of Annexure A7.

(4)Nothing contained in this clause affects -

(a)the right of an employer or an employee to terminate the contract of employment without notice for any cause recognised by law as sufficient; or

(b)any agreement between an employer and an employee that provides for a longer period of notice than the periods stipulated in sub-clause (1), provided that -

(i)the notice required to be given by the employer and the employee must be of equal duration;

(ii)payment in lieu of notice must be of equivalent value to the notice period stipulated in the agreement.

41.Documents to be furnished to an employee on termination

(1)An employer must furnish an employee whose employment terminates with a certificate of service in the form of Annexure A3.

(2)A copy of the certificate of service must be forwarded by the employer to the Council by not later than the 20th day of the month following the termination of the employee’s contract of employment.

(3)This clause does not apply to -

(a)an employee who deserts;

(b)a relief employee; or

(c)a temporary employee of a temporary employment service.

43.Payment for accrued leave not taken

(1)On termination of employment, an employee must be paid -

(a)for any accrued leave not taken; and

(b)in respect of an incomplete leave cycle, an amount of not less than the number of prorata days calculated in terms of sub-clause 18 (2).

(2)The payment due to an employee in terms of sub-clause (1) -

(a)must be paid at the wage the employee was receiving immediately before the date of termination;

(b)may be reduced if an employee leaves employment without giving the requisite notice prescribed in clause 40, by an amount equivalent to the amount the employee would have received if the employee had worked during the notice period, unless the employer has waived such notice.

(3)If an employee’s employment terminates before that employee has qualified for annual leave in terms of clause 18 -

(a)the employer must complete an online Pro Rata Accrued Entitlement Advice Voucher in the form specified by the Council for this purpose and - (i) retain an online copy;

(ii)submit online within 24 hours of the termination of employment of the employee to the National Secretary of the Council; and

(iii)print and hand a copy to the employee for claim purposes;

(b)the employee may submit a claim to the Council for - (i) accrued leave pay;

(ii)accrued holiday pay bonus; and

(iii)accrued sick and absence fund bonus.

(4)In calculating the amount due to an employee in terms of sub-clause (4)(b), the following applies -

(a)accrued leave pay is calculated in terms of clause 18 (2);

(b)accrued leave pay and accrued holiday pay bonus is calculated from -

(i)the date of commencing employment with the employer; or

(ii)the date of the employee’s last annual leave; and/or last holiday pay bonus payment.

(c)accrued leave pay and accrued holiday pay bonus is calculated after the employee has been credited with working days pro rata to the period of leave the employee would have been entitled to in terms of sub-clause (1) (b), according to the following formula:

Number of working days to be credited = X/12 x 1

where X = the number of completed cycles provided in clauses 29 (1) (b) and 30 (1) (c) respectively since commencing employment or commencing the last period of leave and or the payment of holiday pay bonus.

(5)Accrued leave pay due to an employee in terms of sub-clause (1) must not be handed to or accepted by the affected employee, but must immediately upon termination of services be remitted to the National Secretary of the Council. Payment by an employer of accrued leave pay, accrued holiday pay bonus or accrued sick and absence fund bonus directly to an employee will not absolve the employer of the obligation to remit the amount to the Council and no set-off will be permitted.

(6)Accrued leave pay and accrued holiday pay bonus must be paid -

(a)to the employee four weeks after the termination of the employee’s employment or four weeks after the employee leaves other employment in the Industry, as the case may be;

(b)immediately, to the employee, if the employee is dismissed for operational reasons or for incapacity; or

(c)immediately, to the employee’s estate, if the employee has died.

44.Retrenchment procedure

(1)The retrenchment procedures prescribed in the Act applies to any retrenchment of employees.

(2)A retrenched employee must be provided with -

(a)a certificate of service in the form of Annexure A3; and

(b)a letter confirming that the employee has been retrenched.

(3)Within 72 hours of notifying an employee or employees that he/she/they have been selected for retrenchment, the employer must notify the Council in writing of the retrenchment. The notification must provide the following details of the affected employee(s).

(a)Initials and surname;

(b)ID number / Passportnumber;

(c)Computer number;

(d)Category code; and

(e)Anticipated date of retrenchment.

(4)If the employer contemplates a retrenchment that falls within the provisions of section 189A of the Act, the Council must appoint a facilitator to assist the parties engaged in retrenchment consultations, if -

(a)the employer has requested facilitation in its notice in terms of section 189 (3) of the Act; or

(b)consulting parties representing the majority of employees whom the employer contemplates dismissing have requested facilitation and have notified the Council within 15 days of receiving the notice envisaged by section 189 (3) of the Act.

(5)If the Council is requested to provide a facilitator, it must do so in terms of -

(a)section 189A of the Act; and

(b)any regulations promulgated in terms of section 189A (6) of the Act.

PART 7: EMPLOYERS’ OBLIGATIONS

45.Registration of and particulars to be furnished by employers

(1)Every employer, including an owner-driver must, within 30 days of the date of coming into operation of this Agreement or within 30 days of entering the Industry, as the case may be, furnish the Council with a statement for each of its establishments in the form of Annexure A.1, specified for this purpose by the Council, reflecting -

(a)thetrade name;

(b)thecompany registration number;

(c)theVAT registration number;

(d)thebanking detailsof theemployer;

(e)thefax/tel numbers/e-mailparticulars;

(f)thecontact person;

(g)thepostal address;

(h)thephysical address of establishment;

(i)themagisterial district / province;

(j)the employer’s full names, identity number and home address, or those of each partner, trustee, director or member if the employer is a partnership, trust or company;

(k)the name of the partnership, trust or company;

(l)the particulars of own pension / provident fund (if applicable);

(m)the registration numbers of vehicles used and the gross vehicle mass;

(n)the surname and initials of employees, ID numbers, date engaged, weekly / monthly wage and trade union membership (if applicable).

(o)In the event that an employer transfers his/her business and his/her employee(s), in part or in whole, to another business in the road freight and logistics industry as contemplated in Section 197 of the Act, the employer must notify the Council, in writing, within 30 days of the date of the transfer. The notification must provide the following details of the affected employees:

(i)Initials and surname;

(ii)ID number / Passport number;

(iii)Computer number;

(iv)Category code;

(v)Date of transfer; and

(vi)Particulars of the company, including its levy number with Council, to which the affected employees were transferred.

(2)Sub-clause (1) does not require an employer to provide information that they have already supplied in terms of a previous Agreement of the Council, unless particulars have changed.

(3)The Council may require an employer to produce the registration certificate of a vehicle if the Council has reason to believe that the gross vehicle mass is not correctly indicated in the registration form.

(4)On receipt of the particulars referred to in sub-clause (1), the Council must issue to the employer a Certificate of Registration in the form of Annexure A.2.

(5)Every registered employer must notify the Council within 30 days, in writing, of any changes in the particulars furnished by him or her on registration.

46.Employers to be in possession of the following documents

(1)Employers must ensure that they at all times have an adequate stock of the followingdocuments -

(a)Annexure A3- certificate of service;

(b)Annexure A6 - annual leave pay payment voucher;

(c)Annexure A7 - notice of termination of employment;

(d)Annexure A8 - application for sick leave benefit.

48.Subcontracting

(1)An employer who is considering engaging the services of a subcontractor must adopt the procedure set out in sub-clause (2) if the subcontracting may result in -

(a)a reduction in employment levels; or

(b)material changes in the terms and conditions of employment of employees.

(2)The following procedure must be followed prior to engaging a subcontractor if the circumstances contemplated in sub-clause (1) may eventuate -

(a)the employer must give the trade union or unions representing affected employees, or the affected employees themselves in the case of non-unionised employees, at least four weeks' written notice of the employer’s intention to subcontract; and

(b)a meeting between the parties must be convened at a mutually agreed time within seven days of the date of receipt of the notice referred to in paragraph (a);

(c)at the meeting, the parties must enter into consultations regarding the need and motivation for the contemplated subcontract.

(3)An employer who subcontracts work falling within the Council’s registered scope will be held jointly and severally liable with the subcontractor, if the subcontractor fails to comply with the provisions of this Agreement.

49.Employee representative on the Council

Employee representatives on the Council must be given every reasonable facility by their employers to attend to their duties in connection with the work of the Council.

50.Registers

(1)Every employer must maintain one or more registers containing the information prescribed in terms of this clause and -

(a)ensure that all entries in the registers are in non-erasable ink;

(b)at all times keep the registers available for inspection at its premises; and

(c)retain the completed registers for three years from the date of the last entry in the register.

(2)On commencement of employment of an employee, an employer must enter the following particulars into a register -

(a)the full first names, surname and identification number of the employee;

(b)the employee’s class of work; and

(c)the date of commencement of the employee’s employment.

(3)An employer must maintain -

(a)a time and wage register containing the information prescribed in section 31 (1), (2) and (3) of the Basic Conditions of Employment Act, 75 of 1997, and regulations made in terms of that Act, of the earnings paid to and the time worked by each employee;

(b)record all periods of leave of an employee in that register or a separate leave register.

(4)An employer who implements a scheme of -

(a)compressed working weeks in terms of clause 8, must record the dates and hours worked by every employee involved in the scheme in a register;

(b)paid time off for work on a Sunday or a public holiday, in terms of clauses 14 and 15, or for overtime work in terms of clause 11, must maintain a register detailing -

(i)the dates and hours of Sunday, public holiday or overtime work by an employee in terms of the scheme concerned;

(ii)the calculation of paid time off due to each employee; and

(iii)the dates and periods of time off granted to each employee.

(5)An employer who has entered into an agreement with employees to implement an averaging of hours of work scheme in terms of clause 9 must maintain a register detailing-

(a)the dates, ordinary hours of work and overtime worked by every employee involved in the scheme; and

(b)a calculation of how the hours were averaged over the period in respect of each employee.

51.Daily logbook

(1)An employer must furnish all drivers who are away from their place of residence and their employer’s establishment on a journey extending over the compulsory rest interval of nine consecutive hours prescribed in clause 6(1) with a daily manual or electronic logbook which meets the following specifications -

(a)the logsheets must be in duplicate folios and be serialised;

(b)the Council’s name, street address and postal address and the telephone number of the Council’s nearest office to the employer’s establishment where the employee is employed must appear on the driver’s copy of the logsheet;

(c)the name of the employer must appear on each logsheet;

(d)the following must be recorded on each logsheet -

(i)the date;

(ii)the name of the driver;

(iii)the name of any general worker, security officer or other employee accompanying the vehicle;

(iv)the signatures of the driver and the employer or the employer’s authorised representative;

(v)the registration number of the vehicle and of any trailer;

(vi)the odometer readings at the commencement and end of the working day;

(vii)the working day commencement and finishing times;

(viii)the commencement and finishing times of all meal intervals;

(ix)the commencement and finishing times of all rest intervals;

(x)the number of ordinary hours worked;

(xi)the number of overtime hours worked;

(xii)the number of hours worked on Sundays and public holidays; and

(xiii)provision must be made for the driver to record general remarks relating to his or her duties and any vehicle or trailer defects.

(2)A driver must, in respect of each day’s work -

(a)record the details required in terms of sub-clause (1) in the logbook; and

(b)at the end of each day’s work, or as soon as possible thereafter, deliver the original logsheet to the employer and retain a copy of the logsheet.

(c)In case of an electronic logbook, the employer must provide a driver with a copy of an electronic logsheet.

(3)A driver may not record false details in the logbook and an employer may not require or permit a driver to enter details in the logbook that are false.

(4)If a driver is doing local deliveries and is not away from his or her place of residence and employer’s establishment on a journey extending over the compulsory rest interval referred to in sub-clause (1), the employer may utilise an attendance register instead of the daily logbook contemplated in sub-clause (1).

(5)An attendance register or the completed original folios of the daily logbook must be retained by the employer at the employer’s registered business address for a period of three years subsequent to the date to which the register or folio refers.

52.Exhibition of Agreement and notices

(1)A legible copy of this Agreement, in at least two official languages, must be kept by the employer at -

(a)the premises at which the employer’s motor vehicles are normally parked; and

(b)the usual place for the payment of wages.

(2)The copies of this Agreement, referred to in sub-clause (1) must be readily accessible to employees.

(3)An employer must, at the employer’s establishment, keep affixed in a conspicuous place readily accessible to employees, a notice specifying the day of the week, or, subject to the provisions of clause 31 (2) (b), the day of the month, and the time and place at which wages will usually be paid. If wages are paid at more than one place, the notice must contain particulars of each place.

53.Monthly returns

(1)Every employer must comply with clauses 19, 29, 30, 54, 69, the Wellness Fund as provided for in Schedule 4 of this Agreement and by completing and submitting, the online monthly return and paying to the Council the total amount due for such return by the due date.

(2)An employer will only be deemed to have complied with the provisions of sub-clause (1) on receipt by the Council of the monthly return and payment by the due date.

(3)If an employer submits a monthly return that is defective or incomplete, the National Secretary of the Council, or an official designated by the National Secretary, may return it and the accompanying payment to the employer and -

(a)the employer will be deemed not to have complied with the provisions of the relevant clause or clauses referred to in sub-clause (1);

(b)the loss of time caused by having to return the monthly return and payment to the employer and by the resubmission thereof to the Council, is deemed to be the fault of the employer.

(4)For the purposes of sub-clause (3), a monthly return is deemed to be defective or incomplete if it -

(a)Does not conform in all respects with the online monthly return.

(b)is not sufficiently legible, in the opinion of the National Secretary of the Council;

(c)does not correctly reflect the full particulars of the employer and the employer’s employees as required therein;

(d)does not correctly reflect or explain, where required, all other data required therein;

(e)reflects one or more incorrect contributions due in terms of the provisions referred to in sub-clause (1);

(f)does not cross cast; or

(g)does not tally with the accompanying cheque or any other remittance received by the Council in respect of the return.

(5)From the date of promulgation of this Agreement all employers in the Industry must submit monthly returns on Council’s on-line system.

PART 8: COLLECTIVE BARGAINING

54.Trade union subscriptions

(1)Trade union subscriptions to be deducted from the wages of employees must be approved by the Registrar of Labour Relations and be circulated from time to time to all employers by the National Secretary of the Council.

(2)Each week or month an employer must -

(a)deduct from the wages of employees who are members of a trade union that is a party to this Agreement, the current union subscriptions referred to in sub-clause (1); and

(b)transmit the total amount deducted, together with the online monthly return to the National Secretary of the Council, by no later than the 20th day of each month following that to which it relates.

(3)The National Secretary of the Council must, by no later than the 10th day of each month,

transmit to the trade unions the total union subscriptions received by the Council in terms of sub-clause (2) (b) during the preceding month.

55.Employers’ organisation subscriptions

(1)Subscriptions due to the employers' organisation must be approved by the Registrar of Labour Relations.

(2)Should an Employers’ Organisation request the Secretary of the Council in writing to collect its subscriptions on its behalf, then employers who are members of the employers’ organisation party to this Agreement must, by the 20th of each month, transmit their monthly subscription due to the employers’ organisation to the National Secretary of the Council.

(3)The National Secretary of the Council must, by no later than the 10th of each month, transmit to the employers’ organisation the total subscriptions received by the Council in terms of sub-clause (2) during the preceding month.

56.Bargaining unit

(1)The bargaining unit means all employees employed in operations, warehousing, fleet maintenance and administration as listed in the wage schedules as contained in Schedule 2 of the Main Collective Agreement, but excluding management that may take decisions to recruit or discipline employees, however including supervisors and controllers regardless of whether or not they may make decisions to recruit or discipline.

(2)Extended bargaining unit employees shall exclude employees within the traditional bargaining unit. It shall mean employees whose jobs are graded up to the C1 band that are involved in the administration of the operations of road freight logistics, warehousing and fleet maintenance and with reference to the categories listed in Schedule 7 of the Main Collective Agreement

(3)The job categories listed in Schedule 7 of the Main Collective Agreement shall be the only job categories applicable and recognised within the road freight and logistic industry and there shall be no other new job categories introduced without a resolution from the Council.

(4)An Agent appointed in terms of clause 73 (1) is empowered to conduct an investigation on job description of an employee who is graded above C1 band but earning less than the minimum of a job category graded at C1 band or below.

After conclusion of the investigation, an Agent is entitled to make a determination on the correctness of the job description of such employee whose earning is less than the minimum of a job category graded at C1 band or below.

In making such determination, the Agent shall be entitled to review and amend the job grading assigned to such employee. Any party that disputes the determination of the Agent in terms of this clause shall be entitled to refer a dispute to the Council in terms of clause 75.

(5)In order to confirm current specified job categories and identify other job categories within the defined bargaining unit, a Council task team will be appointed to -

(a)ensure that short descriptions of each category exists; and

(b)ensure that job grading and classification of identified jobs in terms of the Patterson grading is done; and

(c)determine the existing minimum wage rages of the identified jobs in the Industry in terms of current wages / salaries; and

(d)ensure that a service provider is appointed to perform the services envisaged in subclause (a) to (c) above.

(e)oversee, in co-operation with the Council, the collection of information required to verify representativeness of parties to the Council in the defined bargaining unit by the Department of Labour in terms of Section 49 of the Act.

(f)Employers in the Industry are obliged to submit information in respect of (e) above, on a monthly basis in respect of all employees who falls within the definition of the Bargaining Unit in terms of this clause. The information is to be submitted on the prescribed monthly return, published by Council from time to time.

57.Levels of bargaining

(1)The Council is the exclusive forum for the negotiation and conclusion of agreements on substantive issues between employers and employers' organisations, on the one hand, and trade unions on the other hand.

(2)Despite sub-clause (1), employee representatives or representative trade unions may negotiate with an employer at company level on non-substantive conditions of employment,

operational procedures, bonuses or incentive schemes that are directly related to profit or productivity, or both. A matter contemplated in this sub-clause may not be negotiated in the Council.

(3)In the event of a deadlock in negotiations on an issue contemplated by sub-clause (2), the provisions of the Council’s Exemption and Dispute Resolution Agreement may be invoked.

(4)No trade union or employers’ organisation may call a strike or lock-out or in any other way seek to induce or compel negotiations on the issues referred to in sub-clause (1) at any level other than the Council.

(5)Any collective procedural agreement between an employer who is a member of the employers’ organisation and a party trade union which contains provisions that are inconsistent with this Agreement -

(a)must be regarded by the parties to the agreement as having been amended to create consistency with this clause; and

(b)is not binding to the extent that its provisions are inconsistent with this clause.

PART 9: PROHIBITED EMPLOYMENT

58.Prohibition of employment

(1)An employer may not -

(a)employ any person under the age of 15 years; and

(b)knowingly employ :

(i)An illegal foreigner;

(ii)A foreigner whose status does not authorise him or her to be employed by such person; or

(iii)A foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status, as contemplated in the immigration Act no 13, of 2002

(2)An employer shall make a good faith effort to ascertain that no illegal foreigner is employed by him/her and to ascertain the status or citizenship of those whom he/she employs.

(3)An employer who employs foreign nationals must comply with the Government Legislative Framework, in particular the Immigration Act, 13 of 2002 as amended, and the Employment Services Act, 8 of 2014 as amended. Council Administration must collect data from employers who employ Foreign Nationals within the Industry and report their findings to Council by no later than 1 March 2022. Such report will then be submitted to the Department of Employment and Labour for inspection and enforcement purposes.

PART 10: PROVISIONS APPLICABLE TO PARTICULAR CATEGORIES OF EMPLOYEES

59.Drivers

(1)Unless the context indicates otherwise, drivers are bound by this clause and the remainder of this Agreement.

(2)In addition to any other requirements prescribed by this Agreement or by law, drivers engaged in the transportation of either hazardous substances, or perishable products, may participate in industrial action only after -

(a)the safe discharge of their loads and the return of the vehicles to the employers’ establishments; or

(b)having given their employers written notice of at least seven days of their intention to participate in industrial action if the industrial action will occur during a period when they are required to undertake a trip involving the transportation of hazardous substances or perishable products.

(3)If an employer’s client restricts a dangerous good driver’s maximum daily working hours from 15 hours to a lesser number of hours per working day, the driver must be deemed to have worked the full working day and must be paid; -

(a)for the ordinary hours of work plus overtime in terms of this Agreement;

(b)an allowance specified in Schedule 5.

(4)Payment to a driver in terms of sub-clause (3) is conditional on -

(a)the allowance being offset against existing practices where any amount or allowance is already paid to compensate for a similar purpose; and

(b)a driver not refusing to be transferred between different operations.

(5)For the purposes of this clause, a “dangerous goods driver” means a driver who has qualified as a dangerous goods driver and holds the appropriate Professional Driving Permit and hazardous goods certificate and has been specifically employed to transport goods by a company that is registered to operate as a transporter of dangerous goods.

(6)Drivers must ensure that they have valid and current Professional Driving Permits.

(7)The employer of a driver -

(a)must refund the driver, on submission of proof of payment, the costs of the prescribed fee for the renewal of a Professional Driving Permit and the costs of a medical certificate and fingerprinting, if these were officially required;

(b)may recover a pro rata amount of any amount paid as a refund in terms of this subclause, by means of a deduction from the driver's wage, if the driver resigns within six months of the date of renewal of his or her Professional Driving Permit.

(8)Clause 5 (6) of this Agreement does not apply to a driver or to an employee who accompanies or assists a driver on the vehicle while such vehicle is not at the employer’s establishment.

60.HAZCHEM employees

(1)A danger allowance must be paid to HAZCHEM employees. The allowance shall be 2% based on determined minimum wages for HAZCHEM employees calculated on either the weekly minimum wage in respect of weekly paid employees or on the monthly minimum wage in respect of monthly paid employees.

(2)For the purposes of this clause, a “HAZCHEM employee” means a driver who is qualified as a Dangerous Goods Driver and holds an appropriate Dangerous Goods Permit and the driver’s assistant who accompanies the driver and who are both employed specifically to transport dangerous goods of a company which is registered accordingly to operate as a transporter of dangerous goods including employees employed in Hazardous Waste Disposal Facilities and employees handling hazardous substances as defined in the Main Collective Agreement. Hazardous Waste Disposal Facility means a disposal and or treatment facility licenced by the Department of Environmental Affairs for the disposal and or treatment of hazardous waste.

(a) The application of the Hazchem Allowance as per aforementioned definition, will be off-set against any existing allowances / payments made for similar purpose.

62.Relief employees

(1)Unless the context indicates otherwise, relief employees are bound by this clause and the remainder of this Agreement. If there is a contradiction between this clause and another clause in the Agreement, this clause prevails.

(2)The number of relief employees employed by an employer may, on average, not exceed 30% of the employer’s average monthly workforce over a 12-month period.

(3)Relief employees must be paid -

(a)not less than one-fifth of the weekly wage prescribed for employees of their class for every day on which they work for six hours or more; or

(b)for six hours work if they work for less than six hours on any day; and

(c)an additional premium of 10% of any wage paid in terms of paragraphs (a) or (b).

(4)A relief employee who performs classes of work for which different wages are prescribed in Schedule 5 on any day must be paid at the highest wage for that day, plus an additional premium of 10% of such highest wage.

(5)A relief employee who works more than 90 days in a 52 week period -

(a)is no longer entitled to the 10% premium on wages prescribed in sub-clause (3)(c), but is entitled to the benefits prescribed in terms of clause 24 of this Agreement;

(b)must be credited with a working day for any day on which the employee works, irrespective of the number of hours worked;

(c)must be paid in lieu of annual leave, an amount calculated using the following formula for every ordinary hour, or part of an hour, worked:

25/100 x Total basic wage for week /195

(6)A relief employee who is employed for more than 144 days in a 52 week period must be offered a permanent position and must be remunerated accordingly.

(7)A relief employee must be paid in cash -

(a)on the last day of the employee’s employment if the employee has worked for two days or less; or

(b)on the normal weekly pay-day of the establishment, if the employee has worked for more than two days.

(8)A relief employee may not work more than nine ordinary hours on any day.

(9)A relief employee who works on a public holiday must be paid in terms of clause 15, calculated on-

(a)the hourly rate prescribed for the employee’s class, for each hour or part of an hour worked, with a fraction of an hour rounded up or down to the nearest full half-hour;

(b)the wage specified in sub-clause (3), including the additional premium of 10%.

(10)A relief employee who works on a Sunday must be paid in terms of clause 14.

(11)A relief employee who works overtime must be paid in terms of clause 11, calculated on-

(a)the daily total of overtime worked, with a fraction of an hour rounded up or down to the nearest full half-hour; and

(b)the wage specified in sub-clause (3), including the additional premium of 10%.

(12)Payment for overtime must be made to relief employees on the day that the overtime was performed.

63.Seasonal workers (sugar transport sector)

(1)Unless the context indicates otherwise, seasonal workers (sugar transport sector) are bound by this clause and the remainder of this Agreement.

(2)Seasonal workers (sugar transport sector) must be paid a retainer throughout the off-crop period, equal to -

(a)66,6% of their normal basic wage for the first 15 weeks; and thereafter 40% of their normal basic wage.

(3)A retainer payable in terms of sub-clause (2) is not payable in any period in which the employee takes annual leave.

(4)Seasonal workers who have been paid a retainer in terms of this clause -

(a)are not required to report for normal duty; but

(b)must hold themselves in readiness to report for normal duty on reasonable notice.

(5)Seasonal workers (sugar transport sector) who are recalled for normal duty during the off- crop period and who fail to report for duty forfeit the retainer prescribed in sub-clause (2) for the period during which they are absent without permission.

(6)Seasonal workers (sugar transport sector) who are employed in the Sugar Cane Sector, and who perform night work -

(a)must be paid the night-shift allowance specified in Schedule 5, for every night-shift worked, except that if two different shifts qualify for a night-shift allowance during a 24-hour period commencing at midnight, only those employees who worked the first shift will receive payment of the night-shift allowance;

(b)do not qualify to receive a night-shift allowance if they receive a subsistence allowance.

(7)Employees must be paid the monthly consolidated allowance, specified in Schedule 5, payable monthly in arrears, offset against any night-shift, accommodation, housing, rations or other allowances of a subsistence nature paid to such employees. Where employment commences or terminates during a month, the consolidated allowance must be paid pro rata for service performed during such month.

(8)If the total night-shift allowance earned by an employee during a month exceeds the amount of the consolidated allowance, the employee must be paid the consolidated allowance plus the excess amount.

64.Short-time in the Furniture Removal Sector

(1)This clause applies to employees in the Furniture Removal Sector but does not apply to relief employees or temporary employees of a temporary employment service.

(2)For the purposes of this clause, short-time means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of goods to be transported, a breakdown of vehicles, plant or machinery or a breakdown or threatened breakdown of buildings.

(3)If the ordinary hours of work of an employee are reduced because of short time, an employer may make a deduction not exceeding an amount equal to the lesser of -

(a)employee’s hourly wage in respect of each hour of short time; or

(b)one-third of the employee’s weekly wage, irrespective of the number of hours of short time.

(4)Unless the employer gives employees notice on the previous working day that short-time will be implemented, no deduction may be made for -

(a)short time arising from slackness of trade or shortage of goods; or

(b)for the first hour of short time due to the vagaries of the weather or a breakdown of vehicles, plant or machinery, or a breakdown or threatened breakdown of buildings.

65.Provisions applicable to the CIT sector

(1)An employee’s hours of work may be averaged in terms of clause 9 with the written consent of the employee.

(2)Employees who have full attendance during their allocated ordinary hours of work in a calendar month qualify for a paid day off in the following month on a working day agreed between an employee and his employer. The employees’ overtime continues to commence after the employee has worked 45 ordinary hours of work.

(3)If an employee works on the day off as agreed in sub clause (1) the employer may:

(a)give the employee an additional day off the following month; or

(b)pay the employee for that day at the ordinary hourly rate

(4)Overtime of employees employed in the CIT sector -

(a)must be calculated on weekly overtime worked with due regard to daily and weekly overtime limits in clause 10;

(b)may only be set off against a shortage of ordinary hours of work if the employee consents in writing or if the absence is not an authorised absence as provided for in the definition of “working day”.

65A.Extended Bargaining Unit (EBU) Employees in the CIT Sector

(1)In applying overtime, the employer must comply with the provisions of the Basic Conditions of Employment Act (BCEA), in the case of non-compliance with the BCEA, the provisions of BCEA will apply.

(2)EBU Process

(a)Parties agree to the process on outstanding EBU categories as delegated to the Outstanding Wage Matters Committee, with the intention of implementation as per Clause 2 of this Agreement:

(i)The CIT chamber will, under the auspices of the Outstanding Wage Matters Committee, appoint an independent service provider to:

(a)grade aforementioned positions and provide generic job descriptions for same.

(b)establish the existing earning range for the aforementioned with the aim of identifying the applicable MIN at the 25th percentile (minimum level) of such ranges.

(ii)The outcome of such exercise must be reported to the same committee within 6 months of the commencement of the aforementioned process, with the aim of parties making an agreed recommendation to Council on the outcome.

(b)TSO GRADING

To be graded as part of the process agreed above and in the interim, overtime to be paid after completion of 195 normal hours.

66.Employees of temporary employment services

(1)An employee of a temporary employment service who is provided to one or more clients within the Industry for a period -

(a)in excess of two months is deemed to be an ordinary employee and all relevant provisions of this Agreement are applicable to that employee;

(b)of less than two months, is deemed to be a temporary employee of that temporary employment service, and only the provisions of this clause, and clause 69 and clause 2 (1) (a) of Schedule 4 of this Agreement apply to those employees.

(2)The contract of employment of an employee of a temporary employment service is deemed to be a weekly contract, unless the employee is a temporary employee of such temporary employment service, in which case the contract is deemed to be a daily contract.

(3)If a temporary employment service contravenes the provisions of this Agreement or defaults on any obligation provided for in terms of this Agreement, the employee may hold the employer to whom that employee was supplied, liable for complying with that obligation.

(4)No employer may use the services of a temporary employment service unless the temporary employment service -

(a)is registered with the Council;

(b)provides satisfactory proof to the employer that it has complied with all its obligations in terms of the Unemployment Insurance Act, and the Compensation for Occupational Injuries and Diseases Act;

(c)provides satisfactory proof that it has complied with its obligations to the South African Revenue Services and is in possession of an IT 30 Tax Certificate.

(5)When a temporary employment service supplies one or more workers to an employer, the employer must notify the Council in writing on the prescribed forms. The notification must be submitted to the Council in the month following the date of utilising the employees.

(6)Prevailing Labour Legislation (including but not limited to the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act) regarding temporary employment services will apply.

67A. Dual Driver System

(1)A Dual Driver system is where two drivers are simultaneously engaged, sharing duties on one vehicle whilst out on the same journey.

(2)The trip will be divided between two drivers and the compulsory rest intervals between shifts, as prescribed in clause 6 of the Main Agreement, must be complied with.

(3)Each driver will be paid 9 hours of ordinary work and 6 hours of overtime in any 24 hours period in terms of clause 3 and clause 10 of the Main Collective Agreement and as defined in Schedule 2 of the Main Collective Agreement.

(4)Each driver will be paid 15 hours, which comprises of 9 ordinary working hours and 6 hours for overtime as well as the normal subsistence allowance as stipulated under clause 36 of the Main Collective Agreement for the shift worked in accordance with the dual driver system. In this regard, the Dual Drivers’ subsistence allowance and payment equal to 2 hours calculated at the overtime rate falls away, however, the drivers will still be entitled to the normal subsistence allowance.

(5)Clause 79 below is applicable to sub clause 67A (4) above.

(6)This will be off-set against any similar existing payment practices relating to the dual driver work practice. Such payment practices will not reduce as a result of this allowance.

(7)Both drivers, whether driving or not, will be covered for purposes of workman’s compensation (COIDA), for the duration of the trip.

PART 11: ADMINISTRATION OF AGREEMENT

68.Administration of Agreement

(1)The Council administers this Agreement and may, for the guidance of employers and employees, issue rulings, provided those rulings are consistent with the provisions of this Agreement and the Act.

69.Expenses of the Council

(1)The expenses of the Council must be defrayed from money obtained in terms of this clause.

(2)Employees for whom minimum wages are prescribed an amount equivalent to 0,4 percent per week of an employee’s normal basic weekly wage shall be deducted by an employer from the wage of every employee, including a part-time employee, a relief employee and a temporary employee of a temporary employment service, in his or its employ who works one or more days in a week. To the amount so deducted the employer shall add a like amount and pay the total by not later than the 20th day of each month following that to which it relates, at the Head Office of the Council at Road Freight House, 31 De Korte Street, Braamfontein, Johannesburg.

(3)Other employees in the bargaining unit for whom minimum wages are not prescribed, but who qualify for the across the board increases as per Schedule 5, an amount equivalent to 0,075 per cent per week of an employee’s normal basic weekly wage shall be deducted by an employer from the wage of every employee, including a part-time employee, a relief employee and a temporary employee of a temporary employment service, in his or its employ who works one or more days in a week. To the amount so deducted the employer shall add a like amount and pay the total by not later than the 20th day of each month following that to which it relates, at the Head Office of the Council at Road Freight House, 31 De Korte Street, Braamfontein, Johannesburg.

70.Dishonoured cheques

(1)Whenever an employer pays an amount due to the Council in terms of this Agreement in any manner other than in cash and such payment is dishonoured for any reason whatsoever, the Council may impose on that employer a penalty equal to 1,5% of that amount. Any penalty due to the Council in terms of this sub-clause is payable on demand.

(2)If an employer’s banker dishonours a cheque drawn by that employer in favour of the Council for any payment due in terms of this Agreement, in addition to imposing a penalty in terms of sub-clause (1), the National Secretary of the Council may rule that all future payments to the Council by that employer be effected in cash or by means of a bank- guaranteed cheque, postal orders or electronic fund transfer.

71.Enforcement of Agreement

(1)Whenever it is necessary or expedient for the Council to institute proceedings in any competent forum for the recovery of money due to the Council by an employer, the employer is liable for all costs incurred by the Council in recovering the amount due, including costs on an attorney-and-client scale in the event of a legal practitioner having being instructed by the Council to collect the amount.

(2)Sub-clause (1) applies to -

(a)any amount of money deducted by an employer from any money due to an employee that is not paid over to the Council;

(b)any amount of money due to be deducted from employees and paid over to the Council by an employer that is not deducted;

(c)any other money which an employer is required to pay to the Council on behalf of employees, but fails to do so.

72.Interest

(1)Interest will be payable on any amount payable to the Council in terms of this Agreement and not paid on the due date.

(2)Interest is calculated from the due date to the final date of payment at a rate of 2% per month or part of a month.

73.Agents to the Council

(1)One or more persons must be appointed by the Council as agents to assist it in enforcing the provisions of its collective agreements.

(2)The Council may request the Minister of Labour to appoint any person to be a designated agent of the Council in terms of section 33 of the Act.

(3)A designated agent has all the powers conferred on designated agents by Schedule 10 of the Act.

74.Exemptions by the Council

(1)The Council hereby established an exemptions body, constituted of persons

independent of the Council, to consider all applications for exemption from the provisions of the Council’s Collective Agreements.

(2)In terms of section 32(3)(e) of the Act, the Council establishes an Independent Body to hear and decide, within 30 days of receipt of any appeal, brought against the Exemptions Body’s refusal of a non-party’s application for exemption from the provisions of a collective agreement or the withdrawal of a non-party exemption by the Exemptions Body of the Council.

(a)No representative, office-bearer or official of a trade union or employers’ organisation party to the Council may be a member of or participate in the deliberations of the Independent Body.

(b)The Council hereby established an exemptions body, constituted of persons independent of the Council, to consider all applications for exemption from the provisions of the Council’s Collective Agreements.

(c)In terms of section 32(3)(e) of the Act, the Council establishes an Independent Body to hear and decide, within 30 days of receipt of any appeal, brought against the Exemptions Body’s refusal of a non-party’s application for exemption from the provisions of a collective agreement or the withdrawal of a non-party exemption by the Exemptions Body of the Council.

(d)No representative, office-bearer or official of a trade union or employers’ organisation party to the Council may be a member of or participate in the deliberations of the Independent Body.

Applications for exemption shall be in writing on the appropriate application form(s) obtainable from any NBCRFLI office. Application forms must be submitted to the applicable NBCRFLI Regional Office and served on all interested parties.

(3)Applications for exemption shall comply with the following requirements:

(a)Be fully motivated.

(b)Be accompanied by relevant supporting data and financial information.

(c)Applications that affect employees’ conditions of service shall not be considered unless the employees or their representatives have been properly consulted and their views fully recorded in an accompanying document.

(d)If the nature of the relief sought dictates, the application shall be accompanied by a plan reflecting the objectives and strategies to be adopted to rectify the situation giving rise to the application and indicating a time frame for the plan.

(e)Indicate the period for which exemption is required.

(5)Upon receipt of a valid application Council shall refer it to the Exemptions Body which may, if deemed expedient, request the applicant to attend the meeting at which the application is considered, to facilitate the deliberations.

(6)In the event of the Exemptions Body refusing to grant an application, the applicant shall have the right to appeal in writing against the decision to the Independent Body. An appeal to the Independent Body must be noted in writing within 1 month of the applicant becoming aware of the Exemptions Body’s decision, or such further time as the Independent Body may allow. The notice of appeal must set out the grounds on which the applicant’s appeal is based.

(7)In the event of the Exemptions Body granting an application, the Council or any other interested party shall have the right to appeal against the decision to the Independent Body and the provisions of clause 3 with the necessary changes to its context will apply.

(8)The Exemptions Committee of Council shall appoint not more than four persons who shall be entitled to attend all meetings of the Exemptions Body at which applications for exemptions, against refusals to grant exemptions, or the withdrawal of such an exemption by the Exemptions Body or the Council, are considered, to make representations to the Body on any of the applications.

(9)In considering the application, the Exemptions Body and Independent Body shall take into consideration all relevant factors, which may include, but shall not be limited to, the following criteria:

(a)The applicant’s past record (if applicable) of compliance with the provisions of Council’s Collective Agreements and Certificates of Exemption or appeal;

(b)any special circumstances that exist;

(c)any precedent that might be set;

(d)the interests of the Industry as regards -

(i)unfair competition;

(ii)collective bargaining;

(iii)potential for labour unrest;

(iv)increased employment;

(e)the interests of employees’ as regards -

(i)exploitation;

(ii)job preservation;

(iii)sound conditions of employment;

(iv)possible financial benefits;

(v)health and safety;

(vi)infringement of basic rights;

(f)the interests of the employer as regards - 

financial stability;

impact on productivity;

future relationship with employees’ trade union; operational requirements.

(10)(a) Council’s Exemptions Body must consider all exemption applications from non-parties and must comply with the provisions of sub-section 32(dA) of the Act when considering such applications. The Exemption Body must decide an application for an exemption within 30 days of receipt. The Exemptions Body must consider and take into account the requirements prescribed in sub-clauses (3) and (9) above.

(b) The Independent Body established by Council in terms of section 32 of the Act must consider appeals against the refusal by the Council’s Exemption Body to grant exemptions. The Independent Body must comply with the provisions of sub-section 32(3)(e) of the Act in all aspects when dealing with appeals. The Independent Body shall hear, decide and inform the applicant and the Council as soon as possible and not later than 30 days after the appeal has been lodged against the decision of the Exemptions Body. The Independent Body must consider and take into account the requirements prescribed in sub-clause (9) above.

(11)If the application is granted, the Exemptions Body or Independent Body shall issue certificate, signed by its Chairman and Secretary, containing the following particulars:

(a)The full name of the applicant(s);

(b)the trade name;

(c)the provisions of the Agreement from which exemption or appeal is granted;

(d)the period for which the exemption or appeal shall operate;

(e)the date of issue;

(f)the condition(s) of the exemption or appeal granted.

(12)The Exemptions Body or Independent Body shall -

(a)retain a copy of the certificate and number each certificate consecutively;

(b)forward a copy of the certificate to the Secretary of the Council; and

(c)forward to the employer a copy of a certificate issued to an employee.

(13)An employer to whom a certificate has been issued shall at all times have the certificate available for inspection at his establishment.

76.Enterprise and Supplier Development

(1)The parties agree to a Task Team being established under the auspices of the Council, to be constituted by party representatives and to be facilitated by Commissioner Kaizer Thibedi. At the first meeting of this committee terms of reference and process will be established, which may include the appointment of subject matter experts from, inter alia, the Department of Transport, Department of Trade and Industry.

77.Processes and Payment of EBU Employees

(1)By the 15th of December of each year, as of 15 December 2018, a payment equal to one week’s basic wage will be made to existing EBU categories up to Patterson Grade B3 or those earning a basic wage of less than R10 000 per month including EBU employees in grades B4 to C1 earning a basic wage of less than R10 000 per month.

(2)Subject to the above, such payment will only apply where above mentioned employees do not receive a 13th cheque or similar payment in terms of their conditions of service. On the whole no employee, in terms of their existing benefits, will be prejudiced as a result of this provision and such payment will be off-set against any other similar payments made in lieu of a 13th cheque payment made .

78.Extension and Implementation of the Agreement.

The provisions of clause 20.3 of the NBCRFLI constitution shall apply in this regard. Should an employer elect to implement this agreement or parts thereof, (as per clause 20.3.3 of said constitution), prior to extension by the Minister of Labour to non-parties, such employer will be deemed to already be in compliance with the published agreement insofar as the applicable provisions that have already been implemented by such employer. For the purposes of these negotiations, the aforementioned items constitute the amendments required to the Main Collective Agreement.

79.Existing Benefits and Practices in the Agreement

Any existing practices and/or benefits in the industry which are more than the agreed minimums in this agreement must not be reduced.

PART 12: EMPLOYMENT EQUITY ACT

80.Application of the Employment Equity Act

Industry must promote compliance with the Employment Equity Act 55 of 1998, as amended from time to time.

SCHEDULES

SCHEDULE 1: THE GEOGRAPHICAL SCOPE OF THE MAIN AGREEMENT

1.The Republic of South Africa

SCHEDULE 2: DEFINITIONS

2.Key terms

Unless inconsistent with the context, any word or term used in the Main Agreement which is defined in the Labour Relations Act, 66 of 1995, has the same meaning as in that Act, and

“Abnormal Loads motor vehicle” means a motor vehicle, the gross vehicle mass of which exceeds 150 000kg;

"Act" means the Labour Relations Act, 66 of 1995 and as amended from time to time;

“compressed working week” means a compressed working week referred to in clause 8;

“Council" means the National Bargaining Council for the Road Freight and Logistics Industry;

“day” for the purposes of calculating a night-shift allowance, means a period of 24 hours from midnight to midnight, and in the case of a normal working day or of an employee who works shifts, it means a period of 24 hours reckoned from the time work commences;

“drive” includes -

(a)all periods of driving

(b)all periods during which the driver of a motor vehicle is obliged to remain at his or her post in readiness to drive; and

(c)any time spent by the driver in connection with the vehicle or its load;

"emergency services" means any work which, owing to unforeseen causes such as fire, storm, accident, acts of violence or theft, must be done without delay and includes -

(a)work essential for the maintenance of light, power or water supplies or sanitary and telephone services;

(b)the transportation of machinery or any other thing to prevent any serious disruption in any undertaking, sector, trade or occupation, including transportation for the SA Police Service or for purposes of national defence;

(c)completing the en route transportation and unloading of perishable products to prevent spoilage;

"employer” means any person (excluding an owner driver) -

(a)who employs or provides work for any other person and who remunerates or expressly or tacitly undertakes to remunerate that person;

(b)who permits any person to assist them in carrying on or conducting their business; and “employ” and “employment” have a similar meaning;

"establishment" means any premises on or in connection with which one or more employees are employed in the Road Freight and Logistics Industry;

"extra-heavy motor vehicle (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 16 000 kg but not 25 000 kg;

"extra-heavy motor vehicle (rigid)" means a motor vehicle (rigid), the gross vehicle mass of which exceeds 16 000 kg but not 25 000 kg;

“forestry in-field operations” means from the point of felling trees to the mill;

“furniture removal sector” means all transport employers within the scope of the Council that exclusively transport and store new or used furniture or appliances for households or businesses;

“goods" means any movable property, including but not limited to any article, commodity or substance such as sand, soil, gravel, stone, coal, water or other liquid, gaseous or solid matter and includes containers or containerised goods;

"gross combination mass" in relation to a motor vehicle (articulated) that is used to draw another motor vehicle, means the maximum mass of the combination of vehicles, including that of the drawing motor vehicle and its load, as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority concerned;

"gross vehicle mass" in relation to a motor vehicle (rigid), means the maximum mass of such vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority concerned;

“hazardous substances” means substances defined in the regulations for the transportation of hazardous substances under the Hazardous Substances Act, 15 of 1973;

"heavy motor vehicle (articulated)" means a motor vehicle (articulated) the gross combination mass of which exceeds 9 000 kg but not 16 000 kg;

"heavy motor vehicle (rigid)" means a motor vehicle (rigid), the gross vehicle mass of which exceeds 9 000 kg but not 16 000 kg;

"hourly wage rate" means the weekly wage divided by the number of ordinary hours of work worked by an employee in a week;

"hours of work" includes all periods of driving and any time spent by a driver, security officer or any other employee on other work connected with the vehicle or the load and all periods during which the employee is obliged to remain at his or her post in readiness to work when required to do so, but does not include any meal interval prescribed in terms of clause 5 or any period in respect of which a subsistence allowance is payable to an employee in terms of clause 36, if during such interval or period the employee does no work other than remaining in charge of the vehicle and its load, if any, or guarding the vehicle and its load, if any;

"internal motor vehicle" means a motor vehicle used on the premises of or inside an establishment;

"law" includes the common law;

"light motor vehicle" means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500 kg;

"medium motor vehicle (articulated)" means a motor vehicle (articulated), the gross combination mass of which exceeds 3 500 kg but not 9 000 kg;

"medium motor vehicle (rigid)" means a motor vehicle (rigid), the gross vehicle mass of which exceeds 3 500 kg but not 9 000 kg;

“month” means a calendar month;

“monthly wage” means an employee’s weekly wage multiplied by four and a third (4,333);

“motor vehicle" means any self-propelled vehicle used for conveying goods or containers and includes a truck-tractor, a motorcycle, a motor tricycle and a tractor, but does not include a mobile hoist;

“motor vehicle (articulated)" means a combination of vehicles consisting of a motor vehicle and a semi-trailer or trailer or trailers;

"motor vehicle (rigid)" means a motor vehicle other than a motor vehicle (articulated);

“night work” means work performed after 18h00 and before 06h00 the next day;

"ordinary hours of work" means the hours of work prescribed in clause 3 (2) or, if by agreement between an employer and employee, the employee works a lesser number of ordinary hours, those lesser hours;

"overtime" means, subject to the provisions of clause 11(2), all hours worked in excess of the ordinary hours of work prescribed in clause 3(1) , other than on a Sunday or public holiday;

“public holiday” means a public holiday specified in Schedule 1 of the Public Holidays Act, 36 of 1994 and any other day declared as such under Section 2A thereof;

"running repairs" means repairs to a vehicle and its component parts that can be effected by the driver, a security officer, grade I, or a general worker with tools normally supplied by the manufacturer of such vehicle, which includes normal tools required to change or pump a wheel, screwdrivers, pliers, spare globes and adjustable spanners;

"semi-trailer" means a trailer without a front axle and designed or adapted to rest on and be drawn by a truck-tractor;

"substantive issues" means all issues involving cost and affecting the wage packets of employees;

“sugar cane sector” means that portion of the sugar transport sector in which employers and employees are primarily associated for the handling and transportation of sugar cane and associated products between the fields and mills for hire or reward;

“sugar cane in-field operations” means operations between the point of harvesting sugar cane and the mill;

"team leader" means an employee who, under general supervision, is in charge of a group of general workers and who may keep records of the work they do and engage in the same work;

“temporary employee of a temporary employment service” means a temporary employee of a temporary employment service referred to in clause 66 of the Agreement and who renders services to a client that operates in the Industry and falls within the registered scope of the Council;

“temporary employment service” means any person or labour broker who, for reward, procures for or provides to a client other persons who -

(a)render services to, or performs work for, the client; and

(b)are remunerated by the temporary employment service;

"tractor" means a motor vehicle designed or adapted mainly for drawing other vehicles and not for carrying any load;

"trailer" means a vehicle that is not self-propelled, but is designed or adapted to be drawn by a motor vehicle;

"truck-tractor" means a motor vehicle designed or adapted to draw other vehicles and not to carry any load other than in the form of a trailer, semi-trailer or ballast resting on it and does not include a tractor;

"ultra-heavy motor vehicle" means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 25 000 kg;

“unauthorised absence” means absence without leave (AWOL), unpaid leave or unpaid sick leave;

"wage" means -

(a)the amount of money payable to an employee as a basic wage in terms of Schedule 5 in respect of the employee’s ordinary hours of work; or

(b)a larger amount than that prescribed in Schedule 5 that an employer regularly pays an employee in respect of ordinary hours of work;

but excludes any bonus;

"wage register" means the record required to be kept by an employer in terms of clause 50(3);

“working day” means any consecutive period of work in the course of a working day, that has been set by an employer for an employee, but does not include any period of overtime and the following shall be computed as one (1) working day:

(a)each Sunday on which an employee is required to work,

(b)each Saturday on which an employee works at least nine overtime hours;

(c)each working day on which an employee is absent on leave, sick leave, family responsibility

leave, study leave or on the instruction or with the consent of the employer;

"year", in respect of an employee, means any period of employment in the Industry extending over a period of 12 consecutive months.

SCHEDULE 3: MONTHLY RETURN

NOTES FOR COMPLETING ONLINE MONTHLY RETURNS

The online monthly return submitted to the Council in terms of the provisions of this Agreement must comply with the following -

1.The wage column of the monthly return must reflect -

(a)the normal basic weekly wage of a part-time employee, calculated in terms of clause 61(3);

(b)the total basic weekly wage earned by a relief employee during a month, including the

additional premium of 10%; and

(c)the total actual basic wage earned by temporary employees of temporary employment agencies during a month.

2.The “working days worked” column of the monthly return must reflect -

(a)the total number of working days worked by relief employees during a month;

(b)the total working days accrued by temporary employees of a temporary employment service

during a month.

3.In respect of the category column of the monthly return -

(a)part-time employees must be identified by the insertion of a “P”;

(b)relief employees must be identified by the insertion of an “R”;

(c)temporary employees of a temporary employment service must be identified by insertion of a “T”.

SCHEDULE 4: WELLNESS FUND

(c)developed an implementation plan for implementing the comprehensive awareness strategy.

1A. Wellness

(2)The Wellness Committee will engage the current Service Provider on reviewing the existing benefit structure in an attempt to provide alternative options that will address specific needs of those contributing or to investigate any other alternatives in this regard, within the existing contribution rates.

The Wellness committee will report to EXCO in this regard within 6 months from the Agreement becoming effective in terms of the Council’s Constitution, clause 20.4.

2.Employer and employee contributions to implementation of strategy

(1)The expenses involved in implementing and maintaining the implementation plan and any amendments to the plan, will be defrayed from money collected in the following manner:

(a)an amount equivalent to 1% per week of an employee’s normal basic weekly wage must be deducted by an employer from the wage of every employee who works for the employer on one or more days in a week, including part-time employees, relief employees and temporary employees of a temporary employment service;

(b)an amount paid by the employer, equivalent to 1% of the total monthly basic wage bill.

(2)The employer must -

(a)pay the amounts referred to in sub-item (1) to the Council by no later than the 20th day of each month following the month when the money was deducted;

(b)submit to the National Secretary of the Council an online monthly return, for each of the employer’s establishments. The return must be submitted online to Council for this purpose, and must include each employee’s full names, surname and identification number. Part-time employees and relief employees must be identified as such on the online monthly return by inserting a “P” or an “R”, respectively, before the job category in the “Category” column.

(3)For the purposes of calculating the amount to be deducted in terms of paragraph (a) of subitem (2) -

(a)the basic wage of a relief employee is deemed to not include the premium of 10%;

(b)the basic wage of a part-time employee is calculated in accordance with the formula

in clause 61(6) of the Agreement and as reflected in the wage column of the online monthly return.

3.Exemption from provisions of this clause

(1)Any employer who has implemented or intends implementing a scheme or programme which provides the following benefits, or substantially similar benefits, may apply in terms of clause 74 of the Agreement to be exempted from some or all the provisions of this clause -

(a)HIV education and behavioural change interventions;

(b)confidential voluntary counselling and testing;

(c)treatment and support;

(d)basic medical insurance

(2)An employer who is granted an exemption may not deduct more than the percentage specified in item 2(1) of this Schedule from the wage of any employee for the purpose of operating a scheme or programme.

4.The Wellness Fund

(1)The management and administration of the Fund is vested in a Wellness Committee appointed by Council in terms of clause 17 of Council’s Constitution. The committee must

consist of at least ten representatives, of whom five must be employer representatives and five must be employee representatives. For each representative, an alternate must be appointed by the Council from amongst its members.

(2)Representatives and alternates will hold office for a period of twelve months and will be eligible for re-appointment.

(3)In performing its function and duties and exercising its powers, the Committee may contract with service providers for the provision of services, facilities, publications, support, training, counselling, presentations and any other service necessary for the implementation and continuance of the plan, including but not limited to, a self-insured contingency policy with any institution registered with the Registrar of Short-term Insurance.

(4)The Committee must, subject to the approval of the Council, direct the policy of the Fund and administer the general business and activities of the Fund in accordance with the Rules.

(5)If a dispute arises at any time as to the administration of the Fund and the members of the Committee are equally divided, the matter must be referred to the Council for a decision.

(6)If the Committee is unable to perform its duties for any reason, the Council must perform the duties and exercise the powers of the committee.

5.Financial control of the Wellness Fund

(1)The Executive Committee of the Council must collect all revenue of the Fund and deposit all money so received in a banking account opened in the name of the Fund.

(2)Withdrawals from the Fund must be by cheque and the Executive Committee must designate people as authorised signatories for this purpose.

(3)The Council must appoint a registered auditor annually and must determine the fees of that auditor.

(4)The appointed auditor must -

(a)audit the accounts of the Fund at least once a year; and

(b)prepare a statement showing all money received and expenditure incurred under all headings during the 12 months ended 28/29 February of the preceding year, together with a balance sheet showing the assets and liabilities of the fund as at that date.

(5)The audited statement and balance sheet of the Fund, countersigned by the Chairperson of the Council, together with any reports made thereon by the auditor -

(a)must lie for inspection at the offices of the Council; and

(b)a certified copy thereof must be transmitted to the Registrar of Labour Relations within three months of the close of the period covered thereby.

(6)Any money not required to meet current payments and expenses of the Fund must be invested in -

(a)savings accounts, permanent shares or fixed deposits in any registered bank or financial institution;

(b)internal registered stock as contemplated in section 21 of the Exchequer Act, 1975 (Act No. 66 of 1975);

(c)a registered unit trust; or

(d)any other manner approved by the Registrar of Labour Relations.

(7)Income earned on invested money accrues to the Council in reimbursement of expenses incurred by the Council on behalf of the Fund.

6.Rules of the Wellness Fund

The Executive Committee has the power, subject to the approval of the Council, to make, amend and withdraw rules governing the administration of the Fund, provided that such rules and any amendment thereof must be consistent with the provisions of this Agreement and with the provisions of any law. A copy of the rules must be forwarded to the Director-General of Labour.

7.Access to establishments

(1)Upon request by the Council or by a trade union party that represents the majority of employees in a workplace, the employer must permit duly authorized representatives, agents, officers, trainers or presenters of service providers, access to the premises for the purposes of conducting awareness and education programmes.

(2)An employer may make any access subject to any conditions as to time and place that are reasonable and necessary to safeguard life or property or prevent undue disruption of work.

SCHEDULE 5: REMUNERATION AND OTHER MONETARY BENEFITS

APPLICATION OF WAGE INCREASES FOR THE PERIOD FROM 1 MARCH 2024 FOR EMPLOYERS AND EMPLOYEES OF THE INDUSTRY OR DATE TO BE DETERMINED BY THE MINISTER BUT NOT EARLIER THAN 1 MARCH 2024 ENDING 28 FEBRUARY 2025 FOR GRADES 1 - 6

Across the board increases of 7% on actual wage shall be awarded to all employees, mentioned in grades 1 to 6 above, who were in the employ of an employer prior 1 March 2024.

The across-the-board increase must apply to the current wages before the adjustment of the minimums.

COURIER SECTOR

1(b) For the period 1 March 2024 or date to be determined by the Minister but not earlier than 1 March 2024 to 28 February 2025 the minimum weekly rate of which wages in respect of ordinary working hours shall be paid by an employer to his employees who are engaged in the undermentioned grades, shall be as follows:

(ii)TABLE TWO: COURIER SECTOR MINIMUM WAGES: GRADES 1 TO 5

From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025

APPLICATION OF WAGE INCREASES FOR THE PERIOD FROM 1 MARCH 2024 FOR EMPLOYERS AND EMPLOYEES OF THE INDUSTRY OR DATE TO BE DETERMINED BY THE MINISTER BUT NOT EARLIER THAN 1 MARCH 2024 ENDING 28 FEBRUARY 2025 FOR GRADES 1 - 5

a)Across the board increases of 7% on actual wage shall be awarded to all employees, mentioned in grades 1 to 5 above, who were in the employ of an employer prior to 1 March 2024.

b)The across-the-board increase must apply to the current wages before the adjustment of the minimums.

CASH IN TRANSIT SECTOR

1(c) For the period 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025 the minimum weekly rate of which wages in respect of ordinary working hours shall be paid by an employer to his employees who are engaged in the under mentioned grades, shall be as follows:

(iii)TABLE THREE: CASH IN TRANSIT CHAMBER MINIMUM WAGES: GRADES 3 TO

6:From 1 March 2024 or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025

1(e) Extended Bargaining Unit Employees engaged in the Cash-in-Transit Sector

(1)Across the board increases

(a) From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025:

(i)7 % in respect of all EBU employees up to Paterson Grade B4.

(ii)6 % in respect of all EBU employees in Paterson Grade C1.

1(f) The only provisions of this Agreement that shall apply to extended bargaining unit employees shall be the increases referred to above, the provisions of clause 77 only as from December 2018, clause 54, clause 69, and schedule 4 item 8 (Wellness Fund).

The consolidated allowance is payable in terms of clause 63 (7).

4.Subsistence and Cross Border allowance

(a)Subsistence Allowance

The Subsistence allowance payable in terms of clause 36A of the Main Agreement, must be paid as per the schedule hereunder:

Subsistence Allowance:

Period: From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025

(a)R59.80 for each period of absence within the borders of the Republic of South Africa

(b)R51.66 for each of the three daily meal intervals during such absence

Total (absence plus 3 meals) R214.78

(b)Cross Border Allowance

The Cross Border allowance payable in terms of clause 36B of the Main Agreement, must be paid as per the schedule hereunder:

Cross Border Allowance:

Period: From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025 (a) R150.50 for each period of absence outside the borders of the Republic of South Africa (b) R92.97 for each of the three daily meal intervals during such absence.

Total (absence plus 3 meals) R429.41

5.Dangerous Goods Driver Limitation of Hours Allowance

The allowance that must be paid to Dangerous Goods Drivers in terms of clause 60 of the Main Collective Agreement is:

(a)R136.65 if the client restricts the driver’s hours of work to 12 hours or less. This amount is to be increased as follows:

(1)(From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025) R146.22

(b)R87.85 if the client restricts the driver’s hours of work to 13 hours or less, but not less than 12. This amount is to be increased as follows:

(1)(From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025) R94.00

(c)R48.80 if the client restricts the driver’s hours of work to 14 hours or less, but not less than 13. This amount is to be increased as follows:

(1)(From 1 March 2024 for employers and employees of the industry or date to be determined by the Minister but not earlier than 1 March 2024 until 28 February 2025) R52.22

SCHEDULE 6 PRESCRIBED FORMS

1.ANNEXURE A.1 -STATEMENT OF REGISTRATION WITH COUNCIL

2.ANNEXUREA.2-CERTIFICATE OF REGISTRATION

3.ANNEXUREA.3-CERTIFICATE OF SERVICE

6.ANNEXUREA.6-ANNUAL PAYMENT VOUCHER

7.ANNEXUREA.7-NOTICE OF TERMINATION OF EMPLOYMENT

8.ANNEXURE A.8 -APPLICATION FOR SICK LEAVE BENEFIT

SCHEDULE 7 EXTENDED BARGAINING UNIT EMPLOYEES

Signed at Johannesburg, for and on behalf of the parties to the Council, this day of

2023.

PRW Meier

Deputy Chairperson of the Council