46
No.34294
GOVERNMENT
GAZETTE.
20
MAY
2011
No.
R.
434
20
May
2011
LABOUR RELATIONS ACT, 1995
FURNITURE BARGAINING COUNCIL: EXTENSION TO NON-PARTIES OF
THE COLLECTIVE AMENDING AGREEMENT
I,
MILDRED NELISIWE OLIPHANT, Minister of Labour, hereby
in
terms of
section 32(2)
of
the Labour Relations Act, 1995, declare that the Collective
Agreement which appears
in
the Schedule hereto, which was concluded
in
the
Furniture Bargaining
Council and
is
binding
in
terms
of
section
31
of the
Labour Relations Act, 1995, on the parties which concluded the agreement,
shall be binding
on
the other employers and employees
in
that Industry with
effect from ..............
30
May
2011
...................... and for the period ending
30
June 2012.
MN OLIPHANT
MINISTER OF
LABOUR
48
No.
34294
GOVERNMENT
GAZETTE,
20
MAY
2011
SCHEDULE
FURNITURE BARGAINING COUNCIL
COLLECTIVE
AGREEMENT
In accordance with the provisions
of
the Labour Relations Act 1995 (Act No 66
of
1995), made and entered into by and between the
Furniture,
Bedding
and
Upholstery
Manufacturers'
Association
(FBUMA)
and
Curtain
Makers'
and
Allied
Products
Association
(CMAPA)
(hereinafter referred to as the
"employers"
or
the "employers' organisations"),
of
the
one part, and the
National
Union
of
Furniture
and
Allied
Workers
of
South
Africa
(NUFAWSA)
(hereinafter referred to as the
"employees" or the "trade union"),
of
the other part,
being parties to the Furniture Bargaining
Council.
CHAPTER 1
1.
CLAUSE
1:
SCOPE OF APPLICATION
1.1
The terms of this Agreement shall be observed in the Furniture, Bedding,
Upholstery and Curtain Manufacturing
Industry-
1.1.1 by all employers who are members
of
the party employers'
organisations, which are party to this Agreement and
by
all employees
who are members of the party trade union, which is party to this
Agreement, and who are engaged
or
employed in the Furniture,
d\~
\
Bedding, Upholstery and Curtain Manufacturing Industry,
respectively~
A
•.
~.?
~\
STAATSKOERANT,
20
MEl
2011
No.34294
49
1.1.2 in
the
Provinces
of
Gauteng, North West, Mpumalanga, Limpopo and
Free State.
1.2 Notwithstanding the provisions
of
clause
1.1
the
provisions
of
this
Agreement-
1.2.1
apply
only to
employees
for
whom
wages
are prescribed in this
Agreement
and
to
the
employers
of
such employees; and
1.2.2
apply
to learners
under
the
Skills
Development
Act, 1998,
or
any
contracts entered into
or
any
conditions fixed thereunder.
1.3
The
following provisions shall
not
apply
to
non parties: Clauses 1.1.1, 2 and 3
of
Chapter 1, Chapter
2A
and Clauses 5.1, 5.2, 5.3 and 5.4
of
Schedule 1.
1.4
Threshold
-Trade
union
organisational
rights
The
terms
of
this
Agreement
and
the
application
thereof
shall
be
subject to
the
following in respect
of
trade
union organisational rights threshold:
Any
trade union
duly
registered in terms
of
section
96
of
the
Labour
Relations
Act
and that can prove
by
means
of
reasonable identification, membership
of
employees in the Industry
that
it
has
a membership
of
at
least
20%
of
the
total
number
of
employees in
the
Industry, shall
be
recognised
as
a sufficiently
representative
trade
union entitled
to
exercise
the
rights
set
out
in sections 12,
13
and 15
of
the
Labour
Relations Act.
As
soon
as
sufficient
representativeness has been proved to
the
parties, such sufficiently
representative trade union
shall be entitled to
be
treated for organisational
purposes on an
equal
and
fair
footing with
the
other
trade unions
who
are
already members
of
the
Bargaining Council.
2.
CLAUSE
2:
PERIOD
OF
OPERATION
OF
AGREEMENT
This
Agreement
shall, in
terms
of
section
31
of
the
Act,
become
binding on the above
parties on 5 April
2011 and
for
non-parties on such date
as
may
be
fixed
by
the
(
Minister
of
Labour
in terms
of
section
32
of
the
Act
and shall remain in
force
for
the
~
>
period ending
30
June
2012.
~
·7
~r
/
so
No.
34294
GOVERNMENT
GAZETTE,
20
MAY
2011
CHAP"rER2A
3.
CLAUSE 12
OF
THE FORMER AGREEMENT: SPECIAL PROVISIONS
IN
RESPECT OF THE FUNDS
(1)
Clause
12.1
The Fummed
Sick
Benefit Society
Substitute the following for clause 12.1.2.3:
"12.1.2.3
Compulsory membership
12.1.2.3.1 If an employer
is
a FBUMA or CMAPA member
and its employees are members
of
CEPPWAWU,
such employees must become members
of
the
FURNMED
Sick Benefit Society and the
·employer
and
employee must pay the prescribed
contributions which are
applicable to the
FURNMED
Sick Benefit Society.
12.1.2.3.2
If
an
employer
is
a FBUMA or CMAPA member
and its employees do not belong to any trade
union, its employees may join the FURNMED
Sick Benefit Society, which will be subject to the
approval of the society
failing which the employer
and employee must pay prescribed additional
Provident
Fund
contributions.
12.1.2.3.3 If
an
employer is a FBUMA or CMAPA member
and
its employees are members
of
trade unions
other than CEPPWAWU, such employees may
not become members of the FURNMED
Sick
Benefit Society.
12.1.2.3.4
t?
If
an
employer
is
not a member of FBUMA or
~
CMAPA
and
if
any
of
its employees are
CEPPWAWU members, such employees must
STAATSKOERANT,
20
MEl
2011
No.34294
51
become members
of
the FURNMED Sick Benefit
Society and the employer and the employee must
both pay the prescribed contributions which are
applicable to the FURNMED
Sick Benefit
Society.".
(2) Clause 12.2: The NUFAWSA Sick Benefit Society
Substitute the
following for clause 12.2.5.3:
"12.2.5.3
Compulsory membership
12.2.5.3.1 If an employer is a FBUMA or CMAPA member
and its employees are members
of
NUFAWSA,
such
employees must become members
of
the
NUFAWSA
Sick Benefit Society and the
employer and employee must pay the prescribed
contributions which are applicable to the
NUFAWSA
Sick Benefit Society.
12.2.5.3.2
If
an employer is a FBUMA or CMAPA member
and its employees
do
not belong to any trade
union, its employees may join the NUFAWSA
Sick Benefit Society, which will be subject to the
approval
of
the society failing which the employer
and employee must pay prescribed additional
Provident Fund contributions.
12.2.5.3.3
If
an employer is a FBUMA
or
CMAPA member
and its employees are members
of
trade unions
other than NUF
AWSA, such employees
may
not
become members
of
the NUFAWSA Sick Benefit
Society.
12.2.5.3.4
If
an employer is not a member
of
FBUMA
or
~~
CMAPA and
if
any
of
its employees, are
NUFAWSA members, such employees must
~
j
become members
of
the NUFAWSA Sick Benefit
""
52
No.34294
GOVERNMENT
GAZETTE,
20
MAY
2011
Society and the employer
and
the employee must
both pay the prescribed contributions which
are
applicable to the NUFAWSA Sick Benefit
Society.".
Agreement signed
at
Johannesburg
on
this
5th
day of April2011.
