SCHEDULE FURNITURE BARGAINING COUNCIL MAIN

P a g e | 1

SCHEDULE

FURNITURE BARGAINING COUNCIL

MAIN COLLECTIVE AGREEMENT

In accordance with the provisions of the Labour Relations Act 1995 (Act No 66 of 1995)(as

amended), made and entered into by and between the

Furniture, Bedding & Upholstery Manufacturers’ Association for the Greater Northern

Region

(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

and

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (CEPPWAWU)

(hereinafter referred to as the “employees” or the “trade unions”), of the other part

being parties to the Furniture Bargaining Council

hereby agree to amend/extend the Main Collective Agreement published under

Government Notice No. R.324 of 20 March 2020 and Government Notice No. R.333 of

19 June 2020.

P a g e | 2

1. TABLE OF CONTENTS

CHAPTER 1

1. SCOPE OF APPLICATION ............................................................................................... 6

2. PERIOD OF OPERATION OF AGREEMENT. .................................................................. 7

3. INDUSTRIAL ACTION....................................................................................................... 7

4. DEFINITIONS .................................................................................................................... 7

5. PROHIBITION OF TWO-TIER BARGAINING AND THRESHOLD – TRADE

UNION ORGANISATIONAL RIGHTS ............................................................................... 11

6. REGISTRATION OF EMPLOYERS .................................................................................. 12

7. NEWLY ESTABLISHED SMALL EMPLOYER CONCESSION ......................................... 14

8. NEWLY EMPLOYED EMPLOYEE CONCESSION ........................................................... 16

9. TERMS OF EMPLOYMENT .............................................................................................. 18

9.1 Ordinary hours of work............................................................................................ 18

9.2 Intervals .................................................................................................................. 18

9.3 Overtime ................................................................................................................. 18

9.4 Shift work ................................................................................................................ 19

9.5 Public Holidays ....................................................................................................... 20

9.6 Annual closure ........................................................................................................ 20

9.7 Paid sick leave and proof of incapacity ................................................................... 20

9.8 Termination of employment .................................................................................... 21

9.8.1 Notice periods ............................................................................................ 21

9.9 Absenteeism. ........................................................................................................ 22

9.10 Short time, dismissals based on operation requirements and severance pay

9.10.1 Short time ................................................................................................... 22

9.10.2 Dismissals based on operational requirements .......................................... 23

9.10.3 Standard severance pay and additional severance pay ............................. 24

9.11 Trade union representative leave ........................................................................... 24

9.12 Maternity leave ....................................................................................................... 25

9.13 Family responsibility leave ...................................................................................... 26

9.14 Parental leave……………………………………………………………………………..27

9.15 Adoption leave…………………………………………………………………………….27

9.16 Commissioning parental leave…………………………………………………………..28

9.17 Study leave ............................................................................................................. 29

9.18 Fixed term contract of employment ......................................................................... 29

9.19 Indefinite-period contract of employment ................................................................ 29

9.20 Certificate of service ............................................................................................... 29

10. GENERAL. ........................................................................................................................ 30

10.1 Work under an incentive scheme ............................................................................ 30

10.2 Temporary employment services and/or labour brokers ......................................... 30

10.3 Outwork .................................................................................................................. 30

10.4 Provision of tools .................................................................................................... 31

10.5 Employment of children and forced labour .............................................................. 31

10.6 Working employers ................................................................................................. 31

10.7 Prohibited employment ........................................................................................... 31

10.8 Employment of trade union members ..................................................................... 33

10.9 Trade union representatives on the Council and committees of

a national character in the Industry ......................................................................... 32

P a g e | 3

10.10 Subscriptions to trade unions .................................................................................. 32

10.11 Council levies .......................................................................................................... 32

10.12 Exhibition of Agreement and notices ...................................................................... 32

10.13 Administration and enforcement of Agreement ....................................................... 32

10.14 Provisions declared ultra vires ................................................................................ 34

10.15 Protective clothing .................................................................................................. 34

10.16 Compulsory retirement age ..................................................................................... 35

10.17 Late/non-payment and allocation of fees, levies and contributions ......................... 35

10.18 Interest payable on outstanding/unpaid fees, levies and contributions ................... 35

10.19 Audit and accounting .............................................................................................. 36

11. EXEMPTIONS ................................................................................................................... 36

11.1 Exemptions Body and Independent Appeal Body ................................................... 36

11.2 Administration ......................................................................................................... 36

12. LEAVE PAY FUND ............................................................................................................ 39

13. HOLIDAY BONUS FUND .................................................................................................. 41

14. REMUNERATION ............................................................................................................. 43

14.1 Wages ..................................................................................................................... 43

14.2 Set-off of wages ...................................................................................................... 43

14.3 Hourly rates of pay .................................................................................................. 43

14.4 Basis of payment .................................................................................................... 44

14.5 Employees engaged in more than one occupation skills level ................................ 44

14.6 Wage payment procedure ....................................................................................... 44

14.7 Remuneration for overtime and work on a Sunday ................................................. 45

14.8 Remuneration for work on public holidays .............................................................. 45

14.9 Remuneration for time worked in ............................................................................ 45

14.10 Payment of night shift allowance ............................................................................ 46

14.11 Set-off against annual wage increases ................................................................... 46

14.12 Subsistence allowance ........................................................................................... 46

CHAPTER 2

COUNCIL BENEFIT FUNDS

1. ESTABLISHMENT AND CONTINUATION OF COUNCIL BENEFIT FUNDS/SCHEMES. 46

2. OBJECTIVES OF THE COUNCIL BENEFIT FUNDS/SCHEMES ..................................... 47

3. MEMBERSHIP OF THE COUNCIL BENEFIT FUNDS/SCHEMES ................................... 47

4. CONTRIBUTIONS AND EXISTING LOAN REPAYMENTS TO THE COUNCIL

BENEFIT FUNDS/SCHEMES .......................................................................................... 51

5. ADMINISTRATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES............................. 51

6. OPERATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES ...................................... 53

7. AUDITING OF THE COUNCIL BENEFIT FUNDS/SCHEMES .......................................... 53

8. EXPIRY OF THE COLLECTIVE AGREEMENT ................................................................ 54

9. LIQUIDATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES .................................... 55

10. BENEFITS INALIENABLE ................................................................................................. 55

11. WITHHOLDING OF BENEFITS ........................................................................................ 56

12. PAYMENT OF FEES, LEVIES AND CONTRIBUTIONS ...................................................... 56

13. AMENDMENT TO THE RULES. ....................................................................................... 57

P a g e | 4

CHAPTER 3

NEGOTIATING PROCEDURES AND DISPUTE SETTLEMENT PROCEDURES

1. Preamble ......................................................................................................................... 57

2. Procedure for the negotiation of collective agreements ..................................................... 57

3. Disputes between parties to the bargaining council .......................................................... 59

4. All other disputes ............................................................................................................... 59

5. General ......................................................................................................................... 61

CHAPTER 4

OCCUPATION SKILLS LEVELS – FURNITURE, BEDDING AND UPHOLSTERY SECTOR

1. General worker .................................................................................................................. 62

2. Semi-skilled employee....................................................................................................... 63

3. Skilled employee ............................................................................................................... 63

4. Chargehand ....................................................................................................................... 64

5. Foreman/Supervisor .......................................................................................................... 64

ADDENDUM 1

FEES, LEVIES AND CONTRIBUTIONS PAYABLE TO THE COUNCIL

1. LEAVE PAY FUND CONTRIBUTIONS ............................................................................. 64

2. HOLIDAY BONUS FUND CONTRIBUTIONS ................................................................... 65

3. PROVIDENT FUND CONTRIBUTIONS ............................................................................ 66

4. DISPUTE RESOLUTION LEVY…………………………………………………………………66

4. SICK BENEFIT SOCIETIES .............................................................................................. 67

5. COUNCIL LEVIES ............................................................................................................. 74

6. REGISTRATION FEE........................................................................................................ 75

7. DEATH AND DISABILITY SCHEME (D.D.S.) CONTRIBUTIONS AND PROVIDENT

FUND CONTRIBUTIONS IN RESPECT OF THE NEWLY EMPLOYED EMPLOYEE

CONCESSION .................................................................................................................. 75

8. STANDARD DEATH AND DISABILITY SCHEME (STANDARD D.D.S.)

CONTRIBUTIONS ............................................................................................................. 77

9. DEATH AND DISABILITY SCHEME (D.D.S.) CONTRIBUTIONS IN RESPECT

OF THE NEWLY ESTABLISHED SMALL EMPLOYER CONCESSION…………………...77

ADDENDUM 2

PRESCRIBED ACROSS THE BOARD INCREASES OF ACTUAL HOURLY RATES OF PAY,

MINIMUM HOURLY RATES OF PAY AND SUBSISTENCE ALLOWANCE (for all areas

excluding the Free State Province)

1. Prescribed across the board increases of actual hourly rates of pay effective for

parties and non-parties on 29 June 2020 as determined by the Minister of Labour–

subject to Addendum 4 (for all areas excluding the Free State Province) ......................... 78

2. Prescribed minimum hourly rates of pay effective for parties and non-parties on 29

June 2020 as determined by the Minister of Labour for all areas excluding the Free

State Province) .................................................................................................................. 79

P a g e | 5

3. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2021 –

subject to Addendum 4 (for all areas excluding the Free State Province) ......................... 80

4. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2021 (for all areas excluding the Free

State Province) .................................................................................................................. 81

5. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2022 –

subject to Addendum 4 (for all areas excluding the Free State Province) ......................... 82

6. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2022 (for all areas excluding the Free

State Province) .................................................................................................................. 83

7. Subsistence allowance (for all areas excluding the Free State Province) ......................... 84

ADDENDUM 3

PRESCRIBED ACROSS THE BOARD INCREASES OF ACTUAL HOURLY RATES OF PAY,

MINIMUM HOURLY RATES OF PAY AND SUBSISTENCE ALLOWANCE (for the Free State

Province ONLY)

1. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from 29 June 2020 as determined by the Minister

of Employment and Labour (for the Free State Province ONLY) ....................................... 84

2. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties on 29 June 2020 as determined by the Minister of Employment and Labour

(for the Free State Province ONLY) .................................................................................. 85

3. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2021 – subject

to Addendum 4 (for the Free State Province ONLY) ......................................................... 86

4. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2021 (for the Free State Province ONLY) ....... 87

5. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2022 – subject

to Addendum 4 (for the Free State Province ONLY) ......................................................... 88

6. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2022 (for the Free State Province ONLY) ....... 89

7. Subsistence allowance (for the Free State Province ONLY) ............................................. 90

ADDENDUM 4

1. INFLATION PARAMETERS – ACROSS THE BOARD WAGE INCREASES OF ACTUAL

HOURLY RATES OF PAY EFFECTIVE FROM THE FIRST FULL PAY WEEK IN MAY

2021 AND MAY 2022 IN RESPECT OF ADDENDUMS 2 AND 3……………………………90

ANNEXURE A

AGREEMENT ON PICKETING

P a g e | 6

CHAPTER 1

1. SCOPE OF APPLICATION

1.1 The terms of this Agreement shall be observed by employers and employees in the

Furniture, Bedding and Upholstery Manufacturing Industry as defined hereunder in the

Provinces of Gauteng, North West, Mpumalanga, Limpopo and Free State.

“Furniture, Bedding and Upholstery Manufacturing Industry" or “Industry”

means, without in any way limiting the ordinary meaning of the expression, the

industry in which employers and their employees are associated for the manufacture,

either in whole or as a complete unit or in part as a component or components, of all

types of furniture and bedding as well as upholstery and /or re-upholstery and will,

inter alia include the following:

1. Furniture

Repairing, staining, spraying, polishing, re-polishing, making loose covers

and/or cushions, wood machining, veneering, woodturning, carving,

assembling, painting, wood bending and laminating. Furniture manufacturing

will also include the manufacturing, installation, repairing, polishing, re-

polishing, staining, spraying of pianos, organs, movable room/office partitions,

kitchen cupboards, kitchen cupboard tops, kitchen cupboard components

(irrespective of materials used), attached wall cupboards, built-in cupboards,

built-in cupboard components, free standing bars or built-in bar counters,

cane, wicker or grass furniture, cabinets including cabinets for musical

instruments and radios, wireless or television cabinets, bathroom cupboards,

any other cupboard tops and furniture for tea-rooms, restaurants, offices,

churches, schools, libraries, other educational institutions, conference centres,

theatres, shop fitting, office fitting and bank fitting, which includes the

manufacture and/or fixing of shop fronts, window enclosures, showcases,

counters, including point of sales counters, screens, interior fittings and

fixtures and any form of shelving, irrespective of the materials used.

2. Bedding

The manufacturing, repairing, covering, re-covering of mattress bases,

mattresses, spring mattresses, overlays, bolsters, pillows, cushions for studio

couches, spring units, box-spring mattresses and studio couches, but

P a g e | 7

excluding the manufacturing of bedding made mainly of metal and/or plastic

materials.

“Studio Couch” means an article of furniture, which is designed for seating and

for conversion into a double bed or two or more beds and of which the frames

are constructed mainly of metal and the seating and/or sleeping surfaces

consist of mattresses and /or cushions.

3. Upholstery

The upholstering or re-upholstering of any furniture, or item of furniture,

bedding, pelmets and mattress bases.

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.

2. PERIOD OF OPERATION OF AGREEMENT

This Agreement shall be binding on party and non-party employers and employees from 29

June 2020 as determined by the Minister of Labour in terms of section 32 of the Act and shall

remain in force for the period ending 30 April 2023

3. INDUSTRIAL ACTION

No person bound by the provisions of this Collective Agreement shall engage in or participate

a strike or lockout or any conduct in furtherance of a strike or lockout in respect of any

matter regulated by this Agreement.

4. DEFINITIONS

Any expression used under this Agreement which are defined in the Labour Relations Act,

1995, shall have the same meaning as in that Act and any reference to an Act shall include

any amendments to such Act, and unless the contrary intention appears, words importing the

P a g e | 8

masculine gender shall also include the feminine gender and vice versa; further, unless

inconsistent with the context-

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

“adoption order” means an adoption order as envisaged in the Children’s Act, 2005 (Act No. 38

of 2005);

“adoptive parent” has the meaning assigned to it in section 1 of the Children’s Act, 2005 (Act

No. 38 of 2005);

“assistant despatch clerk” means an employee who assists the despatch clerk, and who is

under his direct supervision;

“assistant storeman” means an employee who assists the storeman, and who is under his

direct supervision;

“auditor” means an auditor registered under the Public Accountant’s and Auditor’s Act, 1991

(Act 80 of 1991);

“caretaker” means an employee who is resident on the factory premises and who is

responsible for any one or more of the following duties:

(a) care of contents on the premises;

(b) care and cleaning of the premises;

“casual driver of motor vehicle”

means an employee who is employed as a driver of a

motor vehicle by the same employer for not more than 3 days in any one month, to be

remunerated daily for 9 hours at no less than the applicable minimum hourly rate for drivers,

plus full leave pay monies and maximum holiday bonus monies;

“casual employee” means an employee who is employed by the same employer for not more

than 3 days in any one month, to be remunerated at the applicable hourly rate for the occupation

skills level of work performed plus full leave pay monies and maximum holiday bonus monies;

“chargehand”

means an employee who customarily and regularly directs, subject to the

instructions of management, the work of general workers while he may also be engaged in

the

production of furniture and/or upholstery and/or bedding in the capacity of a general worker;

“Collective Agreement” means any current agreement for the Furniture, Bedding and

Upholstery Manufacturing Industry in which wages are prescribed, or in the absence of such

an agreement, the last wage agreement published for the Industry in terms of the Act;

“commissioning parent” has the meaning assigned to it in section 1 of the Children’s Act,

2005 (Act No. 38 of 2005);

“compulsory retirement age” for an employee in the Industry is the age of 65 years;

“contributions” means the amount of money payable to the funds of the Council as

determined from time to time;

P a g e | 9

“Council” means the Furniture Bargaining Council registered in terms of the Act;

“dependant”, in relation to a member and for the purposes of the-

(a) Provident Fund means-

persons accepted by the Fund as being dependants in accordance with the rules of the

Fund; and the

(b) Sick Benefit Society means-

persons accepted by the Society as being dependants in accordance with the rules of

the Society; and the

persons accepted by the Scheme as being dependants/beneficiaries in accordance

with the rules of the Scheme;

“despatch clerk” means an employee who is wholly or mainly engaged in the despatch or the

packing or receiving of goods for transport or delivery and who may attend to or supervise the

checking, mass-measuring, packing, marking, addressing or despatching thereof;

“driver” means an employee who is engaged in driving a motor vehicle, and for the purposes of

this definition the expression “driving a motor vehicle” includes all periods of driving, any time

spent by a driver on work connected with the vehicle or the load and all periods during which

he is obliged to remain at his post in readiness to drive;

“driver’s logbook” means a book provided by his employer (if required) to be completed in

duplicate;

“emergency services” means any work which, owing to causes such as fire, storm, accident,

act of violence or theft, must be done without delay, and any work necessary for the

transportation of machinery to prevent any serious dislocation in the Industry;

“employee” means the same as defined in the Basic Conditions of Employment Act 1997 (Act

75 of 1997)(as amended);

“establishment” means any premises where furniture, bedding and upholstery manufacturing

takes place;

“experience” means the total length of all periods of employment which an employee (in the

occupation in which he is engaged) has had in any industry;

“foreman” and/or “supervisor” means an employee who is employed in a supervisory capacity

and who, in the execution of his duties, which shall be related to the Furniture, Bedding and

Upholstery Manufacturing Industry-

(a) manages the manufacturing activities of a whole establishment or a department or

subdivision thereof as his primary duty; and/or

(b) customarily and regularly directs the work of other employees; and/or

or as to promotions or demotions of employees; and/or

P a g e | 10

(d) customarily and/or regularly exercises discretionary powers; and

(e) is paid a wage of not less than that prescribed for the highest-paid employee in this

Agreement whether this be weekly or monthly; and

(f) is paid in full, whether or not he completes the number of hours of work specified in this

Agreement, subject thereto that a foreman/supervisor shall not be entitled to

payment for

hours of work lost owing to short time being worked, stay-aways and

absence from

his workplace without prior permission,

but excludes employees who are engaged in costing, designing, buying, planning, organising,

directing and/or controlling the duties of foreman and/or supervisor: Provided that in the

absence of foremen and/or supervisors, the aforesaid excluded employees shall be deemed to be

the foremen or supervisors;

“Holiday Bonus” means a work attendance bonus payable by the establishment for its

employees, which is determined by the level of work attendance of the individual employee;

“Holiday Bonus Fund”

means the Fund established by the Council for the purposes of

receiving holiday bonus monies from establishments for their employees, for holding these

holiday bonus monies in reserve and to pay these holiday bonus monies to the employees

when due;

“large size employer” means an employer who employs in excess of 20 employees;

”leave pay” means that portion of the employee’s remuneration payable by the establishment

for the employee for the purpose of remunerating the employee for any period which the

employee is on annual leave as prescribed by the prevailing Collective Agreement;

”Leave Pay Fund” means the Fund established by the Council for the purposes of receiving

leave pay monies from establishments for their employees, for holding these monies in

reserve and to pay these leave pay monies to the employees when due;

“medium size employer” means an employer who employs between 11 and 20 employees;

“micro size employer” means an employer who employs less than 4 employees;

“new establishment”

means a business in the scope of this Agreement, which has not

conducted manufacturing activities for a period of more than 6 months;

“ordinary hours of work” means the maximum number of hours which an establishment

ordinarily works per week and normal hours of work has the same meaning;

“pay week” means the period of 7 days which is considered when determining the weekly

wage of an employee, based on an hourly rate of pay;

“prospective adoptive parent” means a person who complies with the requirements set out

in section 231(2) of the Children’s Act, 2005 (Act No. 38 of 2005);

“senior shop steward” means a chairperson or a convenor of shop stewards at an

establishment;

“small size employer” means an employer who employs between 4 and 10 employees;

P a g e | 11

“substantive issues” means all issues relating to cost and affecting the wage packages of

employees or their remuneration;

“surrogate motherhood agreement” has the meaning assigned to it in section 1 of the

Children’s Act, 2005 (Act No. 38 of 2005);

“temporary employment service or labour broker” means a service provided by any person

who, for reward, procures for or provides to a client other persons who -

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

(b) who are remunerated by the temporary employment service, or labour broker and in

which such persons are employees of the temporary employment service or a labour

broker and the temporary employment service or a labour broker is such persons’

employer;

“trade union representative or shop steward” means a person who is a registered member of

any of the trade unions which are parties to this Agreement and who has been elected as such

by the employees at any particular establishment;

“wage”

means the remuneration payable in money to an employee as prescribed in this

Agreement, or where an employer regularly pays to an employee an amount higher than the

prescribed amount such higher amount;

“weekly paid employee” means an employee who is remunerated weekly;

“working employer” means any person, including a partner in a partnership or a director in a

company or a member of a close corporation, who performs any of the classes of work of

which wages are prescribed in this Agreement.

5. PROHIBITION OF TWO-TIER BARGAINING AND THRESHOLD - TRADE UNION

ORGANISATIONAL RIGHTS

5.1 Prohibition of two-tier bargaining

5.1.1 The Bargaining Council shall be the exclusive forum for the negotiation and

conclusion of all agreements on substantive issues between employers’

organisations and their members, on the one hand, and employees or trade

unions and their members on the other hand.

5.1.2 Non-substantive conditions of employment over and above existing ones in

the prevailing Main Collective Agreement, e.g. bonuses or incentive schemes

that are directly

related to profit or productivity, or both, may be

negotiated by employee

representatives or representative trade unions at

establishment level and/or plant level.

P a g e | 12

In the event of a deadlock in negotiations between the parties in this

category of

issues, the provisions of the Council’s prevailing Main Collective

Agreement may be invoked.

5.1.3 No trade union, employee, employers’ organisation or employer may call a

strike, lock-out or attempt in any way to seek, to induce or to compel

negotiations on the issues referred to in clause 5.1.1 at any level other than

at the Bargaining Council level.

5.1.4 Any establishment or plant level agreement between an employer who is a

member of a party employers’ organisation and a party trade union which

contains provisions that are inconsistent with this Agreement-

5.1.4.1 must be regarded by the parties to the establishment or plant level

agreement as having been amended to create consistency with this

clause; and

5.1.4.2 any provisions of the establishment or plant level agreement will not

be binding to the extent that those provisions are inconsistent with

this clause.

5.2 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 15% 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.

6. REGISTRATION OF EMPLOYERS AND EMPLOYEES

6.1 Employers

6.1.1 Every employer shall within one month from the date on which this Agreement

comes into operation, if he has not already done so pursuant to any previous

agreement, and every employer entering the Industry after that date shall within

P a g e | 13

one month of commencement of operations by him, forward to the General

Secretary of the Council a completed registration form in the form specified by

the Council from time to time and a registration fee as prescribed in ADDENDUM

1 of this Agreement.

Note: This registration form is obtainable from the Council.

6.1.2

Whenever there is any change in the details submitted in terms of clause

6.1, the

employer shall resubmit a completed registration form, as specified,

to the Council

within 14 days of such change.

6.1.3

An employer who intends to cease being an employer shall notify the

Council, in

writing, at least 14 days prior to the date on which he intends such

cessation.

6.1.4

Any employer in the Industry shall, when required to do so by the Council,

within

seven days of that request, lodge with the Council a cash amount or

guarantee acceptable to the Council, to cover the payment in respect of

his employees as

follows:

6.1.4.1 One week’s wages;

6.1.4.2 13 weeks’ levies, contributions and/or monies in respect of-

6.1.4.2.1 Leave pay monies;

6.1.4.2.2 Holiday bonus monies;

6.1.4.2.3 Council Levies;

6.1.4.2.4 Provident Fund contributions;

Provided that the minimum guarantee shall be for an amount of R500.

6.1.5 Where the cash amount or guarantee lodged by an employer is insufficient to

cover the payment of wages, levies and contributions referred to above, the

employer shall, on demand by the Council, increase the cash amount or

guarantee to an amount sufficient to cover such payment. An employer shall be

permitted to reduce the amount of his

cash amount or guarantee. When a

reduction of any cash amount or guarantee is

granted it shall be implemented

at intervals of no less than six months.

6.1.6

The Council shall be entitled to utilise any cash amount or guarantee lodged

by an

employer with the Council to pay any amount which may be due to the

Council by such employer in respect of levies and contributions or to pay any

wages which may be due

to any one or more employees of such employer,

where the Council is satisfied that

such wages are due and payable to the

employees concerned by the employer involved. The total claim in respect of any

one or more employees shall not exceed the

total of the cash amount or

guarantee lodged with the Council. The amount any

employee is entitled to

P a g e | 14

claim as wages shall not exceed that portion of the cash amount or guarantee

lodged with the Council which represents wages.

6.1.7 Every employer shall keep employee records as specified by the Basic

Conditions of Employment Act, 1997 (Act 75 of 1997).

6.1.8 Every employer shall comply with the relevant legislation relating to factories

and/or workrooms.

6.2 Employees

Every employer shall register all his employees, except casual employees, with the

Council as from the first day of their employment. The registration of employees are

effected by entering each employee’s personal and remuneration details as prescribed

by the Council, on the Council’s prescribed monthly return form. This monthly return

form, shall be submitted to the Council monthly, by not later than the 10

day of the

month following the month to which it relates.

7. NEWLY ESTABLISHED SMALL EMPLOYER CONCESSION

Newly established establishments who employ no more than a total of 10 employees (including

employees involved in activities other than furniture, bedding and upholstery manufacturing

activities e.g.

administration, sales, marketing, etc), may apply for the following phasing in

concession, provided that their employees agree thereto. The establishment concerned shall

then be

prohibited from making use of a Newly Employed Employee Concession for any of its

employees as per clause 8

hereunder until the expiry date of Phase 3 of the Newly

Established Small Employer Concession or the cancellation of the establishment’s Newly

Established Small Employer

Concession:

PHASE ONE: First year of registration until the end of the first September following

registration

During this period the employer shall be exempted from prescribed minimum hourly rates of

pay, subject to no employee being paid less than the national minimum hourly rate of pay,

Leave Pay Fund contributions, Holiday Bonus Fund contributions or Provident Fund

contributions and either of the Sick Benefit Societies contributions, if applicable, as

prescribed in ADDENDUM 1. Employees may be remunerated at their current rates of pay

and wage increments may be negotiated between employer and employee(s).

All other provisions of the Agreement shall remain applicable, including the following:

P a g e | 15

Any accumulated leave pay benefits accrued by the employees prior to October of the first

year of registration must be paid out by the employee’s employer to the employee in terms

of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997)(as amended), when due.

The following monies shall be payable as prescribed in ADDENDUM 1.

(a) Council levies;

(b) Trade union subscriptions (if applicable);

(d) Death and Disability Scheme contributions. Refer to clause 10 of ADDENDUM 1.

PHASE TWO: October of the second year of registration to the end of September of

the following year

During this period the employee(s) shall be remunerated at their current rates of pay,

subject to no employee being paid less than the national minimum hourly rate of pay and

wage increments may be negotiated between employer and employee(s). In addition to the

levies, contributions and fees payable to the Council in Phase One, the following

contributions shall become payable to the Council as prescribed in ADDENDUM 1.

(a) Leave Pay Fund contributions; and

(b) Holiday Bonus Fund contributions.

PHASE THREE: October of the third year of registration to the end of September of

the following year

During this period the employee(s) shall be remunerated at not less than 75% of the

prevailing minimum hourly rates of pay, as prescribed in ADDENDUM 2 or ADDENDUM 3,

subject to no employee being paid less than the national minimum hourly rate of pay. In

addition to the levies, contributions and fees payable in Phases One and Two, the following

contributions shall become payable as prescribed in ADDENDUM 1:

Provident Fund Contributions. (A Standard Death and Disability Scheme contribution (refer

to clause 9.3) will be diverted from this Provident Fund

contribution, which replaces the requirement for the

payment of a fixed Death and Disability Scheme contribution

as required in terms of Phases One and Two of this

concession).

P a g e | 16

PHASE FOUR: As from October of the fourth year of registration

All the provisions of the prevailing Agreement administered by this Council shall become

applicable, including the payment of 100% of the minimum hourly rates of pay, subject to

no employee being paid less than the national minimum hourly rate of pay, as prescribed in

ADDENDUM 2 or ADDENDUM 3 and the payment of either of the Sick Benefit Societies

contributions, if applicable, as prescribed in ADDENDUM 1.

In the event of an establishment employing in excess of 10 employees at any time, all the

provisions of the prevailing Agreement including wages at no less than 100% of the

prevailing minimum prescribed hourly rates of pay and all levies, contributions and fees

normally payable to this Council, shall come into effect immediately.

8. NEWLY EMPLOYED EMPLOYEE CONCESSION

8.1 The employer may elect to apply the calculations below to determine the wages,

levies, contributions and fees payable to any newly employed employee who

commences employment with an employer for the first time, subject to clauses 8.2 and

8.3 below, provided that the establishment concerned is not in Phase 1, Phase 2 or

Phase 3 of a Newly Established Small Employer Concession as reflected in clause 7

above.

8.2 As from 29 June 2020 all changes relating to the Newly Employed Employee

Concession contributions and year changes, will be applicable to the corresponding

year of the new Newly Employed Employee’s Concession provisions.

8.3 Accumulation of Credits – Upon service termination of the employee, irrespective of

the reason, the employer shall grant credit to the employee for time employed under

the newly employed employee concession when reemployed by any employer.

8.4 The following fees, levies and contributions shall be payable as prescribed in

ADDENDUM 1, ADDENDUM 2 or ADDENDUM 3.

YEAR ONE of employment:

(a) 100% of the prescribed minimum hourly rate of pay for General Workers, subject to no

employee being paid less than the national minimum hourly rate of pay;

(b) 85% of the prescribed minimum hourly rates of pay, for all other Occupation Skills Levels of

employees, subject to no employee being paid less than the national minimum hourly rate

of pay;

(d) 100% of the prescribed Leave Pay Fund contributions;

P a g e | 17

(e) 100% of the required Agency Fee (where applicable); and

(f) Death and Disability Scheme contributions. Refer to clause 8.2.1 of ADDENDUM 1.

(g) 100% of NEEC Provident Fund contributions (refer to clause 8.3.1 of ADDENDUM 1).

YEAR TWO of employment:

(a) 100% of the prescribed minimum hourly rate of pay for General Workers, subject to no

employee being paid less than the national minimum hourly rate of pay;

(b) 90% of the prescribed minimum hourly rates of pay for all other Occupation Skills Levels of

employees, subject to no employee being paid less than the national minimum hourly rate

of pay;

(d) 100% of the prescribed Leave Pay Fund contributions;

(e) 100% of either of the Sick Benefit Society contributions, if applicable, as prescribed in

ADDENDUM 1;

(f) 100% of the required Agency Fee (where applicable); and

(g) Death and Disability Scheme contributions. Refer to clause 8.2.1 of ADDENDUM 1;

(h) 100% of NEEC Provident Fund contributions (refer to clause 8.3.2 of ADDENDUM 1.

YEAR THREE of employment:

(a) 100% of the prescribed minimum hourly rate of pay for all the Occupation Skills Levels of

employees, subject to no employee being paid less than the national minimum hourly rate

of pay;

(b) 100% of the prescribed Council Levies;

(d) 100% of either of the Sick Benefit Society contributions, if applicable, as prescribed in

ADDENDUM 1;

(e) 100% of the required Agency Fee (where applicable); and

(f) Death and Disability Scheme contributions. Refer to clause 8.2.1 of ADDENDUM 1.

(g) 100% of NEEC Provident Fund contributions (refer to clause 8.3.2 of ADDENDUM 1).

YEAR FOUR of employment:

100% of at least the minimum prescribed hourly rates of pay for all the Occupation Skills Levels of

employees, subject to no employee being paid less than the national minimum hourly rate of pay

as well as 100% of all prescribed fees, levies and contributions shall be payable to the Council

by all employers and all employees.

P a g e | 18

9. TERMS OF EMPLOYMENT

9.1 Ordinary hours of work

9.1.1 Save as is otherwise provided for in this Agreement, no employer shall require

or permit an employee –

9.1.1.1 to work for more than 44 hours, excluding meal intervals, in any

one week;

9.1.1.2 to work for more than 9 hours, excluding meal intervals, on any

one day.

9.1.2 All hours of work on any day, exclusive of meal intervals, shall be

consecutive.

9.2 Intervals

An employer shall grant to each of his employees -

9.2.1 a rest interval of 10 minutes as nearly as practicable in the middle of each

morning and afternoon work-period, which shall be regarded as part of

ordinary hours of work;

9.2.2 a lunch interval of between 30 minutes and 60 minutes after a continuous

period of work of not more than 5 hours, which shall not be regarded as part

of ordinary hours of work.

9.3 Overtime

9.3.1 All time worked in excess of an establishment’s ordinary number of hours of

work in a week shall be regarded as overtime.

9.3.2 An employer may request an employee to work overtime. This request shall

not unreasonably be rejected and the employee shall not be permitted to

work overtime in excess of 15 hours in any one pay week. All employees shall

be given at least 24 hours’ prior notice of overtime to be worked, provided

that employers and employees may agree to work emergency overtime at

shorter notice.. For overtime to be worked in excess of 15 hours in any pay

week, prior permission shall be obtained from the Council with proper written

motivation.

9.3.3 An employee shall not be entitled to payment for overtime unless he has

completed the weekly ordinary number of hours of his establishment, unless

the time lost is owing to illness for which he must produce a medical

certificate on the day he resumes work.

P a g e | 19

9.3.4 In order to calculate overtime-

9.3.4.1 Paid sick leave;

9.3.4.2 Paid public holidays;

9.3.4.3 Paid study leave;

9.3.4.4 Paid family responsibility leave; and

9.3.4.5 Paid trade union representative leave are to be considered as paid

ordinary hours of work.

9.3.5 Motor vehicle drivers and their crew shall not be required or permitted to work

overtime-

9.3.5.1 in excess of 15 hours per day, which includes ordinary hours of

work, overtime hours, lunch intervals and tea intervals; and

9.3.5.2 40 hours in any one week from Monday to Saturday.

9.3.6 All motor vehicle drivers and motor vehicle crew shall receive overtime

payment equal to 1.5 x their ordinary hourly rate of pay and 2 x their ordinary

hourly rate of pay on Sundays, irrespective of the overtime hours worked by

such drivers and crew.

9.4 Shift work

9.4.1 No normal shift shall exceed nine hours per day or 44 hours per week.

9.4.2 Not less than six hours shall elapse between successive shifts of an

employee.

9.4.3 Where an employee’s ordinary shift or part of it is worked on a public holiday,

the employee concerned shall be remunerated for such shift as follows:

9.4.3.1 If the major portion of such shift is worked on a public holiday,

the entire shift shall be deemed to have been worked on such

day and the employee shall be remunerated for work on a public

holiday;

9.4.3.2 if the lesser portion of such shift is worked on such day, the entire

shift shall be deemed to have been worked on a weekday, and the

employee shall be remunerated at his ordinary rate of

remuneration.

9.4.4 Time worked by an employee after the completion of his normal shift shall be

regarded as overtime and be paid for in accordance with the prescribed rates

provided that the establishment’s weekly ordinary hours of work have been

exceeded.

P a g e | 20

9.5 Public Holidays

9.5.1 All public holidays proclaimed in terms of the Public Holidays Act, 1994 (Act

36 of 1994), shall be recognised as paid public holidays, except where a public

holiday falls on a day which is not a normal working day.

9.5.2 In the event of the services of an employee being terminated by an employer

seven working days or less prior to Good Friday the employee shall be

entitled to the payment of wages for Good Friday and Family Day.

9.5.3 In the event of the services of an employee being terminated by an employer

seven working days or less prior to the annual closing date in terms of this

Agreement, the employee shall be entitled to payment of wages for all the

public holidays during the annual closure.

9.5.4 In the event that an official paid public holiday falls during a period in which

the employer is already working short time, employees shall be paid their

normal ordinary hours of work for that day, irrespective of the short time so

implemented.

9.6 Annual closure

9.6.1 Annual closure shall be for a period of 15 consecutive working days between

1 December of each year and 31 January of the following year or as otherwise

prescribed by the Council from time to time.

9.6.2 During any period of annual closure, no employer shall require or permit an

employee

to perform work and no employee shall undertake work, whether

for remuneration,

reward or not.

9.6.3 If the annual closure dates are prescribed by the Council, any

establishment may apply to the Council in writing on the prescribed

application form for exemption from the prescribed annual closure dates, if

the establishment believes that extraordinary circumstances exist that may

warrant the

granting of an exemption. Such an application for exemption must

be supported by not less than 75% of the establishment’s employees who are

covered by the scope of this Agreement.

9.7 Paid sick leave and proof of incapacity

9.7.1 "Sick leave cycle” means a period of thirty six (36) months’ employment with

the same employer immediately following:

9.7.1.1 an employee’s commencement of employment; or

9.7.1.2 the completion of that employee’s prior sick-leave cycle.

P a g e | 21

9.7.2 Paid sick leave is limited to 10 working days for every 12 months of

employment and to 30 working days for every sick-leave cycle.

9.7.3 Notwithstanding the provisions of clause 9.7.2, during the first six months of

employment, an employee’s entitlement to sick leave may be limited by an

employer to one day’s paid sick leave for every 26 days worked.

9.7.4 During an employee’s first sick-leave cycle, an employer may reduce the

employee’s entitlement to sick leave in terms of clause 9.7.2 by the number

of days’ sick leave taken in terms of clause 9.7.3.

9.7.5 An employer must pay an employee for a days’ sick leave-

9.7.5.1 the wage the employee would ordinarily have received for work on

that day;

9.7.5.2 on the employee’s usual pay day; and

9.7.5.3 paid sick leave granted by the establishment must be regarded as

ordinary hours worked towards filling and/or completing the

establishment’s maximum ordinary weekly hours of work.

9.7.6 An employee who is absent from his workplace due to incapacity for the first

three individual days in a sick-leave cycle shall be paid sick leave

irrespective of whether such an employee produces a medical certificate or

not. An employee may be required to present a medical certificate to his

employer in order to qualify for the payment of sick leave from the fourth

individual day that he is absent from his workplace owing to incapacity in

each sick-leave cycle.

9.7.7 The medical certificate shall reflect the nature and period of the employee’s

incapacity and shall be issued and signed by a medical practitioner,

traditional healer or any other person who is certified to diagnose and treat

patients and who is registered with a professional council established by an

Act of Parliament.

9.7.8

If it is not reasonably practicable for an employee who lives on an

employer’s premises to obtain a medical certificate, the employer may not

withhold payment in terms of clause 9.7.6 unless the employer provides

reasonable assistance to the employee to obtain the necessary medical

certificate.

9.8 Termination of employment

9.8.1 Notice periods

The notice periods applicable to both employers and employees in the

Industry will be as follows:

P a g e | 22

9.8.1.1 During two month probationary period - one hour’s notice.

9.8.1.2 Up to one year’s employment (probationary period included) - one

week’s notice.

9.8.1.3 More than one year of employment (probationary period included) -

two weeks’ notice.

These notice periods are applicable provided that this shall not affect the

right of an employer or employee to terminate a contract of service without

any notice for any cause recognised by law as sufficient.

9.8.2

An employer and employee may agree in writing to provide for a longer

period of notice, and failure to comply with such arrangement shall be a

contravention of this clause.

9.8.3 An employer or employee may terminate a contract of employment without

notice by paying to the employee or paying or forfeiting to the employer, as

the case may be, in lieu of notice, an amount equal to not less than wages

for one hour, one week or two weeks, as the case may be, or for such longer

period as may be agreed upon by the employer and his employee.

9.8.4

The notice referred to above shall not run concurrently with any period of

annual leave or to the extent of six weeks’ absence owing to illness in any

one year.

9.9 Absenteeism

No employee may absent himself from his work during the hours in which the

establishment is open without the express permission of his employer except on account

of illness and/or injuries or for causes beyond the control of such employee. An

employee shall, within 24 hours of his failure to report for work, cause his employer to be

notified thereof in the most expeditious manner available.

9.10 Short time, dismissals based on operational requirements and severance pay

9.10.1 Short Time

9.10.1.1 When, by reason of slackness of trade, shortage of raw materials or

a general breakdown of plant or machinery caused by accident or

other unforeseen emergency, an employer is unable to employ his

employees for the number of ordinary hours of work per week

usually worked in his establishment, the employer may, subject to

the provisions of this clause, employ his employees on short time

during, but not exceeding, the period of such slackness of trade,

P a g e | 23

shortage of raw materials or general breakdown of plant or

machinery: Provided that the employer:

9.10.1.1.1 has consulted with the employees concerned; and/or

9.10.1.1.2 has consulted with any shop stewards or employee

representatives in the workplace concerned; and

9.10.1.1.3 has extended an invitation to the trade union office

and trade union official to attend on the date and time

as determined by the employer, to allow the trade

union official to attend the consultation, if a trade

union is active in the workplace concerned, unless

short time is implemented on a specific day for that

day only; and

9.10.1.1.4 shall, when short time is worked, distribute the

available work amongst the employees in any

section.

9.10.1.2 An employee who on any day reports for duty at the usual starting

time of the establishment and for whom no work is available, or for

whom work becomes unavailable during the course of the day,

shall be paid in respect of such day an amount of not less than 4

hours’ wages, unless he was notified by his employer previously

that his services would not be required on the day in question.

9.10.1.3 No short time may be called for and implemented, for Mondays

and Fridays, where official paid public holidays fall on Tuesdays

and/or Thursdays, unless the employer has been working short

time prior to such paid public holidays.

9.10.2 Dismissals based on operational requirements

When an employer contemplates dismissing one or more employees for

reasons based on operational requirements, subject thereto that short time of

less than 35 hours per week had been worked over a continuous period of at

least one week, the employer shall comply with the Labour Relations Act,

1995 (Act 66 of 1995), as well as the Basic Conditions of Employment Act,

1997 (Act 75 of 1997), insofar as this Agreement is silent on those issues

which are covered by the aforementioned Acts.

P a g e | 24

9.10.3 Standard severance pay and additional severance pay

9.10.3.1 Standard severance pay payable to employees

Severance pay of one week’s normal remuneration for each

completed year

of service is payable: Provided that during the

first year and last year of

service, 6 months’ or more service shall

be regarded as a completed year of service;

9.10.3.2 Additional severance pay payable to employees

9.10.3.2.1 From 3 years of employment but less than 10 years

of employment – an additional 1 week’s normal basic

wages calculated on the establishment’s ordinary

hours of work must be paid as a lump sum;

9.10.3.2.2 From 10 years of employment but less than 15 years

of employment – an additional 2 weeks’ normal basic

wages calculated on the establishment’s ordinary

hours of work must be paid as a lump sum;

9.10.3.2.3 From 15 years of employment but less than 20 years

of employment – an additional 3 weeks’ normal basic

wages calculated on the establishment’s ordinary

hours of work must be paid as a lump sum;

9.10.3.2.4 20 years or more of employment – an additional 4

weeks’ normal basic wages calculated on the

establishment’s ordinary hours of work must be paid

as a lump sum.

9.11 Trade union representative leave

9.11.1 For the purpose of attending training courses and/or seminars and/or

meetings arranged by the trade unions which are parties to this Agreement,

trade union representatives shall be entitled to 7 days’ paid leave per annum

and senior trade union representatives shall be entitled to 11 days’ paid leave

per annum. ONLY for

the purpose of attending official meetings of the

Bargaining Council, trade

union representatives shall be entitled to additional

leave for which the Council shall reimburse the trade union representative’s

establishment for

the actual loss of working hours by the trade union

representative, which

shall be paid to the trade union representative by the

establishment together with his normal weekly wages as if the trade union

P a g e | 25

representative worked on the day he attended an official meeting of the

Bargaining Council, subject to the following conditions:

9.11.1.1 The leave cycle shall commence on 1 July of each year. Leave

not taken by a senior trade union representative and/or trade

union representative shall accrue to the newly elected senior trade

union representative and/or trade union representative during any

one leave cycle. Leave will not be cumulative or be transferable

from one employer to another.

9.11.1.2 The trade union shall make the training course and/or seminar

content and/or agenda of meetings available to the employer at

least seven days in advance.

9.11.1.3 Prior arrangements shall be made by the trade union with an

employer for the release of key personnel. Not more than 50% of

elected senior trade union representatives and/or trade union

representatives at any particular establishment shall attend the

training course and/or seminar and/or meeting on any particular

day.

9.11.1.4 The number of trade union representatives elected at any

particular establishment shall be at a ratio of not more than 1

representative for every 30 trade union members.

9.11.1.5 The names of the senior trade union representatives and/or trade

union representatives elected shall be conveyed to the employer

by the senior trade union representative, in writing, immediately

after their names are known.

9.11.1.6 The trade union shall furnish the employer with written proof that

the training course and/or seminar and/or meeting for which

purpose the paid leave was granted was attended by the

particular senior trade union representatives and/or trade union

representatives.

9.12 Maternity leave

9.12.1 Any female employee going on confinement shall be entitled to maternity

leave for a period not exceeding six months with a guarantee of

reemployment after the aforementioned period on the same terms and

conditions of employment as at the date on which the maternity leave was

granted, subject to the following conditions:

P a g e | 26

9.12.1.1 The employee on confinement shall before or on the expiry date of

the six-month period notify her employer whether or not she will

recommence employment.

9.12.1.2 Proof of the confinement shall be submitted to the employer on

the employee’s return to work in the form of a birth certificate or

death certificate, in the case of a still birth, or medical certificate in

the case of a miscarriage.

9.12.1.3 The employer may extend the six-month guarantee period upon

receipt of a valid medical certificate from a registered medical

practitioner advising the employee not to return to work for medical

reasons.

9.12.1.4

The employer shall be permitted to employ a temporary

employee in the same category as the employee who has been

granted maternity leave on a temporary contract agreement for

the period of absence of the employee who has been granted

maternity leave.

9.12.1.5 During the period referred to above, all the provisions of the

agreements administered by the Council shall apply to the

temporary employee.

9.12.1.6 During the contract period the employer may, subject to the

Code of Good Practice contained in Schedule 8 of the Act, or for

any other reason recognised in law, terminate the contract of

temporary employment prior to the contract’s expiry date.

9.12.1.7 Any female employee going on confinement shall notify her

employer 16 weeks prior to the date of such confinement.

9.13 Family responsibility leave

9.13.1 An employee who has been employed with an employer for longer than

months shall be entitled to 3 days’ paid leave per annum at full pay, on

submission of the necessary proof, when the employee’s

child is sick.

Upon the death of the employee’s spouse, life partner, parent, adoptive

parent, grandparent, child, adopted child, grandchild or

sibling, the employee

shall be entitled to a further 2 days paid leave per

annum at full pay, on

submission of the necessary proof.

9.13.2 An employee’s unused entitlement to leave in terms of this clause lapses

annually and may not be accrued.

P a g e | 27

9.14 Parental leave

9.14.1 An employee, who is a parent of a child, is entitled to at least 10 (ten)

consecutive days parental leave:

9.14.1.1 An employee may commence parental leave on –

9.14.1.1.1 the day that the employee's child is born;

9.14.1.1.2 the date the adoption order is granted; or

9.14.1.1.3 on the date that a child is placed in the care of a

prospective adoptive parent by a competent court,

pending the finalisation of an adoption order in

respect of that child, whichever date occurs first.

9.14.2 An employee must notify an employer in writing, unless the employee is

unable to do so, of the date on which the employee intends to –

9.14.2.1 commence parental leave; and

9.14.2.1 return to work after parental leave.

9.14.3 Notification in terms of 9.14.2 above shall be given at least one month

before-

9.14.3.1 employee's child is expected to be born; or

9.14.3.2 date referred to in subsection 9.14.1.1.2 or 9.14.1.1.3 ; or

9.14.3.3 if it is not reasonably practicable to do so, as soon as is

reasonably practicable.

9.15 Adoption Leave

9.15.1 An employee, who is an adoptive parent of a child who is below the age of

two, is entitled to –

9.15.1.1 adoption leave of at least 10 (ten) weeks consecutively; or

9.15.1.2 the parental leave referred to above.

9.15.2 An employee may commence adoption leave on –

9.15.2.1 the date the adoption order is granted; or

9.15.2.2 on the date that a child is placed in the care of a prospective

adoptive parent by a competent court, pending the finalisation of

an adoption order in respect of that child, whichever date occurs

first.

9.15.3 An employee must notify an employer in writing, unless the employee is

unable to do so, of the date on which the employee intends to –

9.15.3.1 commence adoption leave; and

9.15.3.2 return to work after adoption leave.

P a g e | 28

9.15.4 Notification in terms of adoption leave above must be given at least one

month before –

9.15.4.1 the date the adoption order is granted;

9.15.4.2 on the date that a child is placed in the care of a prospective

adoptive parent by a competent court, pending the finalisation of

an adoption order in respect of that child, whichever date occurs

first; or

9.15.4.3 if it is not reasonably practicable to do so, as soon as is

reasonably practicable.

9.15.5 If an adoption order is made in respect of two adoptive parents, one of the

adoptive parents may apply for adoption leave and the other adoptive parent

may apply for the parental leave referred to above: Provided that the

selection of choice must be exercised at the option of the two adoptive

parents.

9.15.6 If a competent court orders that a child is placed in the care of two

prospective adoptive parents, pending the finalisation of an adoption order in

respect of that child, one of the prospective adoptive parents may apply for

adoption leave and the other prospective adoptive parent may apply for the

parental leave: Provided that the selection of choice must be exercised at

the option of the two prospective adoptive parents.

9.16 Commissioning parental leave

9.16.1 An employee, who is a commissioning parent in a surrogate motherhood

agreement is entitled to –

9.16.1.1 commissioning parental leave of at least 10 (ten) weeks

consecutively; or

9.16.1.2 the parental leave referred to above.

9.16.2 An employee may commence commissioning parental leave on the date a

child is born as a result of a surrogate motherhood agreement.

9.16.3 An employee must notify an employer in writing, unless the employee is

unable to do so, of the date on which the employee intends to –

9.16.3.1 commence commissioning parental leave; and

9.16.3.2 return to work after commissioning parental leave.

9.16.4 Notification of the above must be given at least one month before –

9.16.4.1 a child is expected to be born as a result of a surrogate

motherhood agreement; or

P a g e | 29

9.16.4.2 if it is not reasonably practicable to do so, as soon as is

reasonably practicable.

9.16.5 If a surrogate motherhood agreement has two commissioning parents, one of

the commissioning parents may apply for commissioning parental leave and

the other commissioning parent may apply for the parental leave above:

Provided that the selection of choice must be exercised at the option of the

two commissioning parents.

9.17 Study leave

Study leave may be granted by employers only to permanent, full-time employees

subject to the following conditions:

9.17.1 Approval for study leave shall be granted at the employer’s discretion, which

approval shall not be withheld unreasonably.

9.17.2 Study leave, if granted by the employer, shall be for a maximum of two

subjects per annum.

9.17.3 Study leave, if granted by the employer, shall be limited to two days of paid

study leave per subject, namely the last working day prior to the date of the

exam and on the day of the exam.

9.17.4 The result of each exam shall be presented by the employee to the employer

as soon as it becomes available.

9.17.5

If an employee fails a subject, the leave granted to the employee for that

subject shall be refunded by the employee to the employer at a rate of

one day’s pay per failed subject.

9.18 Fixed term contract of employment

Any employer who intends to employ an employee for a fixed term shall enter into a

written fixed term contract of employment with such an employee.

9.19 Indefinite-period contract of employment

Any employer who intends to employ an employee for an indefinite period of

employment shall enter into a written indefinite-period contract of employment with

such an employee.

9.20 Certificate of service

Every employer shall issue an employee with a certificate of service on termination of

the employee’s contract of employment. Such certificate shall comply with the

P a g e | 30

provisions of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) (as

amended).

10. GENERAL

10.1 Work under an incentive scheme

10.1.1 Any employer who wishes to introduce an incentive scheme shall set up a

joint committee consisting of representatives from management and the

establishment’s employees which, after consultation with the trade unions

which are party to this Agreement whose members are involved, may agree

upon the terms of any such scheme. (Refer to clause 5.1.2).

10.1.2

The terms of any such incentive scheme and any subsequent alteration

thereto which may have been agreed upon by the committee shall be reduced

to writing and be signed by the members of the committee and shall not be

varied by the committee or terminated by either party unless the party wishing

to vary or terminate the scheme has, in writing, given the other party such

notice as may be agreed upon by the parties when entering into such a

scheme.

10.2 Temporary employment services and/or labour brokers

10.2.1 The temporary employment service and/or labour broker and the employer

shall, jointly and severally, be liable if the temporary employment service

and/or labour broker, in respect of any of its employees, contravenes any of

the provisions of the Agreement.

10.2.2 A temporary employment service and/or labour broker who supplies labour

shall remunerate all occupation skills levels of employees as prescribed in

ADDENDUM 2 or ADDENDUM 3 of this Collective Agreement. All the

provisions of this Collective Agreement shall mutatis mutandis apply.

10.3 Outwork

10.3.1 No employer shall require or allow any of his employees to undertake work in

the Industry anywhere other than in his establishment except when such

work is in completion of an order placed with such an employer in premises

owned or occupied by the person for whom the work is undertaken.

10.3.2 No employee engaged in the Industry shall solicit or take orders for or

undertake any work in connection with the Industry on his own account for

sale or on behalf of any other person or establishment, whether for

P a g e | 31

remuneration, reward or not, while in the employ of an employer in the

Industry.

10.3.3 No employer who is a member of an employers’ organisation that is party to

this Agreement shall give out work in connection with the Industry, either in

whole or in part, other than to an establishment which has been accepted as

a member of the employers’ organisation which is a party to this Agreement,

and which is registered with the Bargaining Council.

10.4 Provision of tools

Work benches, clamps, handscrews, gluepots and all brushes shall be provided by the

employer. The employer shall at his expense insure against loss or destruction by fire or

as a result of burglary of the premises the tools of his employees normally used by

them. Every employee shall be obliged to submit, when required, an inventory of the

tools in his possession and shall further submit such information as may be required

from time to time by the insurers in respect of the said tools, and shall keep his tools

locked in a toolbox.

10.5 Employment of children and forced labour

No establishment shall employ any person in contravention of Chapter 6 of the Basic

Conditions of Employment Act, 1997 (Act 75 of 1997).

10.6 Working employers

All working employers shall observe the provisions of this Agreement in respect of

hours of work, payment of Leave Pay Fund contributions and payment of Holiday Bonus

Fund contributions

at the prescribed foremen’s rate of pay, payment of Provident

Fund contributions,

payment of Council levies and payment of

wages for public

holidays.

10.7 Prohibited employment

Notwithstanding anything to the contrary in this Agreement, no provision which prohibits

the engagement or employment of an employee on any class of work or on any

conditions shall be deemed to relieve the employer from paying the remuneration and

observing conditions which he would have had to pay or observe had such engagement

or employment not been prohibited.

P a g e | 32

10.8 Employment of trade union members

No person shall be prohibited from working in the Industry, because of his trade union

affiliation or non-affiliation.

10.9 Trade union representatives on the Council and committees of a national

character in the Industry

Every employer shall grant to any of his employees who are representatives on the

Council, or on committees of the trade unions who are party to the Council, every

reasonable facility to attend to their duties in connection with meetings held by these

bodies.

10.10 Subscriptions to trade unions

Every employer shall deduct from the wages of those of his employees who are

members of a trade union party to the Agreement, union subscriptions in terms of their

constitutions and pay such union subscriptions to the concerned union as prescribed by

the trade union concerned.

10.11 Council levies

10.11.1 For the purpose of assisting the Council to meet its expenses, every

employer and every employee in the Industry shall pay to the Council an

amount as prescribed in ADDENDUM 1 of this Agreement.

10.11.2 Every employer and every employee in the Industry shall pay to the Council a

dispute resolution levy as prescribed in ADDENDUM 1 of this Agreement, for

the maintenance of a dispute resolution system as required by the Act.

10.12 Exhibition of Agreement and notices

10.12.1 Every employer on whom the Collective Agreement is binding shall keep a

copy of the Collective Agreement available in the workplace at all times.

10.12.2

Every employer shall display in his establishment in a place readily

accessible to his employees a notice of the official hours of work specifying

the starting and finishing time of work for each day of the week, the meal

interval, and the forenoon and afternoon tea intervals.

10.13 Administration and enforcement of Agreement

10.13.1 The Council shall be the body responsible for the administration and

enforcement of this Agreement, and may issue expressions of opinion and

P a g e | 33

rulings not inconsistent with the provisions hereof for the guidance of

employers and employees in the Industry.

10.13.2 Despite any other provisions of this Agreement, the Council may appoint one

or more persons and may request the Minister of Labour to appoint such

persons as designated agents in terms of Section 33 (1) of the Act to

promote, monitor and enforce compliance with this Agreement.

10.13.3 In the event of non-compliance with this Agreement, designated agents may

secure compliance by –

10.13.3.1 investigating complaints;

10.13.3.2 conducting inspections;

10.13.3.3 issuing compliance orders ; or

10.13.3.4 adopting any other reasonable means; and

10.13.3.5 performing any other functions which is conferred or imposed on

the designated agents by the Council.

10.13.4 In the event that non-compliance prevails after the issuing of a compliance

order in terms of sub-clause 10.13.3.3 above, the designated agents may be

required to:

10.13.4.1 submit a report to the General Secretary of the Council or any

other person so designated by him, specifying that compliance

has not been achieved.

10.13.5 Upon receipt of such a report, the General Secretary of the Council or any

other person so designated by him, shall –

10.13.5.1 Appoint an arbitrator from the Council’s panel of arbitrators to

conciliate and/or arbitrate the matter; or

10.13.5.2 take such steps as may be deemed necessary to give effect to

any agreement reached after the compliance order was issued in

resolving the matter.

10.13.5.3 A conciliator and arbitrator appointed in terms of this Clause shall

have all the powers assigned to them as contemplated by the

Act, including but not limited to the charges and penalties as

further contemplated by Section 33A of the Act read with the

applicable Regulations.

10.13.6 The General Secretary or person so designated by him may make

application to have the arbitration award or settlement agreement, whichever

applies, certified as an order of the Labour Court.

10.13.7 A designated agent appointed by the Minister of Labour under Section 33 (1)

of the Act, shall in addition to the powers referred to in this Clause, have the

P a g e | 34

powers as assigned to designated agents as set out in the Act in general and

in Schedule 10 and Section 142 of the Act, read with the changes required by

the context.

10.13.8 In the event of an establishment failing to submit a prescribed return in

respect of any month, the Council may make an assessment of the amount

due to the Council in terms of the Agreement based on the average number

of employees and their respective remuneration rates reflected in the latest

monthly return form received from the establishment: Provided that if no

monthly return forms have been received by the Council, the Council may

make an assessment based on the number of employees furnished by the

establishment as reflected on the Council’s prescribed registration form of the

establishment: Provided that if the establishment did not disclose the

number of employees on the prescribed registration form, an assessment will

be made based on the evidence obtained by the Council.

10.13.9 In the event that an establishment pays the amount assessed by the Council

in terms of clause 10.13.8 and it is found thereafter that the assessment was

based on incorrect facts or figures, the Council shall credit the establishment

for the amount paid in excess of the amount actually due to the Council and

may utilise such credit or portion thereof to defray any enforceable

underpayment of previous unpaid amounts to the Council.

10.13.10 In the event that the Council sends an assessment report to the

establishment for verification and such establishment fails to submit a written

objection within 10 days after receiving the report, the Council may accept

such initial report as true and correct.

10.14 Provisions declared ultra vires

Should any provisions of this Agreement be declared ultra vires by any competent

court of law, the remaining provisions of this Agreement shall be deemed to be the

Agreement and shall remain in operation for the unexpired period of this Agreement.

10.15 Protective clothing

Every employer shall supply protective clothing to each employee as specified in terms

of the Occupational Health and Safety Act, 1993, which shall remain the property of the

employer but, when such clothing is delivered to the employee concerned, he shall

become responsible for the cleaning and maintenance of the protective clothing.

P a g e | 35

10.16 Compulsory retirement age

Any employee in the Industry shall retire at the age of 65 years, unless otherwise

agreed by between the employer and employee.

10.17 Late/non-payment and allocation of fees, levies and contributions

10.17.1 All fees, levies and contributions payable in terms of this Agreement shall be

paid to the Council monthly by not later than the 10

day of the month following

the month to which they relate.

10.17.2 An employer who is in arrears with any payments, having been warned in

writing by the

Council to forward the outstanding amounts within seven

days of the date of such

warning, may be required by the Council to pay the

amounts weekly on such terms and conditions as determined by the Council

from time to time.

10.17.3 The Council shall have the right to allocate prescribed employer and employee

levies, contributions and fees received on behalf of employees from

employers, to the Funds of the employees concerned as the Council deems

appropriate from time to time.

10.18 Interest payable on outstanding/unpaid fees, levies and contributions

In the event that any fees, levies and/or contributions become due and payable to the

Council by the 10

day of the month following the month to which an amount or any

portion of such an amount relates in terms of this Agreement and such amount or any

portion of such amount remains outstanding and unpaid, the establishment and/or

employer concerned shall be liable to pay interest in accordance with the following

provisions:

10.18.1 The interest payable shall be compounded daily on the outstanding/unpaid

amount from the 11

of every month in which it is due, until the full amount

due has been paid to the Council;

10.18.2 Outstanding/unpaid Provident Fund contributions shall be subject to interest

at a rate as prescribed by the Pension Funds Act, 1956 (Act 24 of 1956)(as

amended); and

10.18.3 All other outstanding/unpaid fees, levies and contributions shall be subject to

interest at a rate as prescribed by the Prescribed Rate of Interest Act, 1975

(Act 55 of 1975)(as amended).

P a g e | 36

10.19 Audit and accounting

The Council shall ensure that proper books of account and records are kept in respect of

each of the Funds administered by it, and that an annual audit of each of the Funds

performed in accordance with the provisions of the Act and the Council’s

Constitution.

11. EXEMPTIONS

11.1 Exemptions Body and Independent Exemptions Appeal Body

An exemptions body and an Independent Exemptions Appeal Body is hereby

established to consider all applications for exemptions from the provisions of this

Agreement and to

hear and decide, as soon as possible and according to the

prescribed criteria, any

appeal against-

11.1.1 the Bargaining Council’s refusal of a party’s or non-party’s application for an

exemption from the provisions of this Collective Agreement; and

11.1.2 the withdrawal of an exemption by the Bargaining Council.

11.2 Administration

11.2.1 Any person, establishment or body bound by this Collective Agreement may

apply for an exemption from any of the provisions of this Agreement.

11.2.2 An application for exemption shall be in writing on the Bargaining Council’s

prescribed application form obtainable from the Council’s offices, fully

motivated and served on the Bargaining

Council. The Applicant or the

Appellant, depending on the nature of the

process, shall satisfy the Body

concerned that a proper application or appeal has been served on the

appropriate body.

11.2.3 In the event that the establishment elects to lodge an appeal against the

outcome of an application for exemption, such an establishment shall be

obliged to lodge its appeal within 30 days after the date of notification from the

Council to the Applicant regarding the outcome of such exemption application.

11.2.4 The Exemption Body or the Independent Exemptions Appeal Body shall decide

on an application for exemption or appeal and inform the applicant as soon as

possible but not later than 30 days of receipt.

11.2.5 Whenever an employer applies for an exemption he or she shall consult with

the affected workforce through their trade union representatives or, where

there are no trade union representatives, with the affected workforce itself as

to the need for the exemption and its effect on the affected employees and

P a g e | 37

shall include in the application written proof of matters discussed during such

consultation and written proof of the views expressed by the affected

workforce during the consultation in this regard as well as the signed

confirmation of all individually affected employees.

11.2.6 The Bargaining Council shall issue to every person, establishment or body

to whom an exemption has been granted or for whom an appeal has been

considered by either the Exemptions Body or the Independent Exemptions

Appeal Body, a notice of exemption or outcome of the appeal, setting out the

following:

11.2.6.1 the full name of the person(s), body or bodies or establishment

concerned;

11.2.6.2 the trading name of the employer;

11.2.6.3 the exact provision(s) of this Collective Agreement from which the

exemption has been granted or refused;

11.2.6.4 the conditions subject to which the exemption is granted;

11.2.6.5 the period for which the exemption is applicable; and/or

11.2.6.6 the outcome of an appeal.

11.2.7 The Bargaining Council must ensure that:-

11.2.7.1 all notices of exemptions granted or refused and notices of appeal

outcomes are issued to the applicants or appellants; and

11.2.7.2 a copy of each exemption granted or refused and a notice of an

appeal outcome is retained by the Bargaining Council.

11.2.8 The Bargaining Council may, on good cause shown, give the holder of an

exemption 30 days’ notice of its intention to apply to the Independent

Exemptions Appeal Body for the withdrawal of a particular exemption.

11.2.9 The following processes and criteria shall be considered with regard to an

application for exemption from the provisions of any collective agreement

concluded in the Bargaining Council or the application for the withdrawal of an

exemption previously granted or when any appeal against a decision of the

Council is considered:

11.2.9.1 Processes: Any employer, employee, trade union or employer’s

association may at any point in time apply for an exemption from

any of the provisions of this Collective Agreement. The applicant is

required to complete and submit in writing with the relevant office of

the Council, a fully and properly completed prescribed application for

exemption form, accompanied by all relevant supporting

documentation.

P a g e | 38

11.2.9.2 Criteria: The Council and/or the Independent Exemptions Appeal

Body shall, without limiting its own considerations, inter

alia consider the following criteria to wit:

11.2.9.2.1 The financial and social implications on the applicants,

competitors, employees and the Industry as a whole;

11.2.9.2.2 viability of the continued existence of the establishment;

11.2.9.2.3 the views expressed by the employees and/or the

applicants’ competitors;

11.2.9.2.4 the views and recommendations submitted by the

bargaining council or any other person or body with an

interest in the matter;

11.2.9.2.5 the possibility of job losses if the exemption is granted

or refused;

11.2.9.2.6 the limitation on any employment opportunities if the

exemption is granted or refused;

11.2.9.2.7 any other relevant information that might have an

impact on the outcome of either an application or an

appeal;

11.2.9.2.8 the applicant’s past record (if applicable) of compliance

with the provisions of the main agreement and/or

exemption certificates;

11.2.9.2.9 any special circumstances that exist or any precedent

that might be set;

11.2.9.2.10 the interests of the Industry in relation to unfair

competition, centralised collective bargaining as well as

the economic stability of the Industry;

11.2.9.2.11 the interests of the employees with regards to

exploitation, job preservation, sound conditions of

employment, potential financial benefits, health and

safety and the possible infringement of basic rights;

and

11.2.9.2.12 the interests of the employer with regards to its financial

stability, the impact on productivity, its future

relationship with employees and recognised trade union

operational requirements and the viability of the

employers business.

P a g e | 39

11.2.10

an exemption should not contain terms and conditions that would have an

unreasonably detrimental effect on the fair, equitable and uniform application

in the Industry of any collective agreement concluded in the Bargaining

Council;

11.2.11 no exemption shall be granted for an indefinite period or as a total (blanket)

exemption;

11.2.12 no exemption should be granted retrospectively for any liabilities incurred by

an employer in terms of this agreement, such as levies and/or contributions,

which became payable by the employer to the Council prior to the date on

which the application for such an exemption was received by the Council.

11.2.13 No exemption shall be granted for payment of wages less than the national

minimum hourly rate of pay.

12. LEAVE PAY FUND

12.1

Every employer shall pay over monthly to the Council, on the specified form, by not

later than the tenth day of the following month concerned in respect of every employee

Leave Pay Fund contributions as prescribed in ADDENDUM 1.

12.2 Guarantees submitted in respect of Leave Pay Fund contributions:

12.2.1 Every employer who supplies the Council with an acceptable guarantee for

the total of his assessed maximum annual commitments under this clause

shall, without in any way limiting his liability towards his employees, be granted

an exemption from making payment to the Council in the manner specified:

provided that the exemption shall be subject to such terms and conditions

made applicable thereto by the Council from time to time.

12.2.2 Every employer shall submit a monthly statement as specified in clause 12.1

above in respect of all his employees. Should the services of any employee

be terminated during the month, a statement as prescribed together with the

amount due in respect of Leave pay Fund contributions for the period

employed between October of the current year and September the following

year shall

be submitted to the Council. Should the services of no

employees be terminated during the month, the Council shall be notified on

the specified

form.

12.2.3 The employer shall submit to the Council not later than 10 November of each

year a statement in the form prescribed reflecting all particulars of all

employees who are in the employ of the employer as at 30 September who

are to be paid by him in terms of this clause.

P a g e | 40

12.2.4 By not later than 23 December of each year, the employer shall submit to the

Council a statement as prescribed reflecting the actual monies paid out in

respect of the Leave Pay Fund monies to all his employees together with

payment of monies not paid out.

12.3 Leave Pay Fund monies shall be paid by the employer to his employees between

7 December and 13 December of each year, failing which the employer shall pay a

penalty equal to 1 month’s interest of 15% per annum to the Council on the amount paid

late to his employees.

12.4 Leave Pay monies received by the Council shall be paid by the Council to employees

whose contracts of employment have been terminated during the course of a contribution

year, within 2 months after such termination date.

12.5 If an employee receives his Leave Pay Fund monies between the 7

and the 13

December and the employee is absent from his workplace immediately after payment has

been received with no valid medical certificate, the specific employee will only be entitled

to be paid his Leave Pay Fund monies on the last working day of the establishment’s next

annual closure date.

12.6 Leave Pay Fund monies shall be paid to the employee by means of electronic transfer to

the employee’s bank account or by Council cheque drawn in favour of the employee.

12.7 Administration of the Fund

12.7.1 The Leave Pay Fund shall be administered by the Council and all expenses

incurred in connection with the administration of the Leave Pay Fund shall

form a charge against the Council.

12.7.2 All monies paid to the Leave Pay Fund shall be invested as provided for in

terms of section 53 (5) of the Act and any interest accruing from such

investment shall accrue to the general funds of the Council in consideration

of the Council’s administration of the Fund.

The Council shall keep a record

of each employee in respect of whom

payments are made in terms of this

clause and the amount paid to the

employee.

12.7.3 The Leave Pay Fund shall be paid to employees concerned to serve as

Leave Pay. Each employee shall be paid Leave Pay monies equal to the

amount deposited into the Leave Pay Fund in respect of him during the year

ending on the last pay week of September each year.

12.7.4 Any employee employed continuously during the year from the first pay week

in October of the previous year to the last pay week in September of the

current year shall receive Leave Pay monies during December of that year

P a g e | 41

of not

less than two weeks’ normal wages. Any shortfall shall be paid to the

employees by the employer.

12.7.5 Leave Pay monies which remains unclaimed for a period of two years from

the date

on which they become payable shall accrue to the general funds

of the Council: Provided that the Council shall be liable for payment from

the

Council’s general funds of any Leave Pay monies due and claimed

during a further period of three years after such accrual to the Council’s

general funds. Should the Council be dissolved within any or either of the

periods mentioned herein, such monies shall finally accrue to the general

funds of the Council three months after the date of such dissolution.

However, if any claim for Leave Pay monies is proved successfully by an

applicant while the Council is still in existence, it shall remain obliged to pay

that Leave Pay monies.

13. HOLIDAY BONUS FUND

13.1 Every employer shall pay over monthly to the Council, on the specified form, by not later

than the tenth day of the following month concerned in respect of every employee

Holiday Bonus Fund monies as prescribed in ADDENDUM 1.

13.2 Guarantees submitted in respect of Holiday Bonus Fund:

13.2.1 Every employer who supplies the Council with an acceptable guarantee for

the total of his assessed maximum annual commitments under this clause

shall, without in any way limiting his liability towards his employees, be

granted an exemption from making payment to the Council in the manner

specified: provided that the exemption shall be subject to such terms and

conditions made applicable thereto by the Council from time to time.

13.2.2 Every employer shall submit a monthly statement as specified in clause 13.1

above in respect of all his employees. Should the services of any employee

be terminated during the month, a statement as prescribed together with the

amount due in respect of Holiday Bonus Fund monies for the period

employed between October of the current year and September the following

year shall be submitted to the Council. Should the services of no employees

be terminated during the month, the Council shall be notified on the specified

form.

13.2.3 The employer shall submit to the Council not later than 10 November of each

year a statement in the form prescribed reflecting all particulars of all

P a g e | 42

employees who are in the employ of the employer as at 30 September who

are to be paid by him in terms of this clause.

13.2.4 By not later than 23 December of each year, the employer shall submit to the

Council a statement as prescribed reflecting the actual monies paid out in

respect of the Holiday Bonus Fund monies to all his employees together

with

payment of monies not paid out.

13.3

Holiday Bonus Fund monies shall be paid by the employer to his employees between

7 December and 13

December of each year, failing which the employer shall pay a

penalty equal to 1 month’s interest of 15% per annum to the Council on the amount paid

late to his employees.

13.4 Holiday Bonus Fund contributions received by the Council shall be paid by the Council

to employees whose contracts of employment have been terminated during the course

of a contribution year, within 2 months after such termination date.

13.5 If an employee receives his Holiday Bonus Fund monies between the 7

and the 13

December and the employee is absent from his workplace immediately after payment

has been received with no valid medical certificate, the specific employee will only be

entitled to be paid his Holiday Bonus Fund monies on the last working day of the

establishments next annual closure date.

13.6 Holiday Bonus Fund monies shall be paid to the employee by means of electronic

transfer to the employee’s bank account or by Council cheque drawn in favour of the

employee.

13.7 Administration of the Fund

13.7.1 The Holiday Bonus Fund shall be administered by the Council and all

expenses incurred in connection with the administration of the Holiday Bonus

Fund shall form a charge against the Council.

13.7.2 All monies paid to the Holiday Bonus Fund shall be invested as provided for

in terms of section 53 (5) of the Act and any interest accruing from such

investment shall accrue to the general funds of the Council in consideration

of the Council’s administration of the Fund. The Council shall keep a record

of each employee in respect of whom

payments are made in terms of this

clause and the amount paid to the

employee.

13.7.3 The Holiday Bonus Fund monies shall be paid to employees concerned to

serve as a holiday bonus on the following basis: Each employee shall be

paid a holiday bonus equal to the amount deposited into the Holiday Bonus

Fund in respect of him during the year ending on the last pay week of

September each year.

P a g e | 43

13.7.4 Any employee employed continuously during the year from the first pay week

in October of the previous year to the last pay week in September of the

current year shall receive a Holiday Bonus Fund monies during December of

that year calculated in accordance with the formula reflected in Schedule 1 of

the prevailing Collective Agreement.

13.7.5

Holiday Bonus Fund monies which remain unclaimed for a period of two

years from the date on which they become payable shall accrue to the

general

funds of the Council: Provided that the Council shall be liable for

payment

from the Council’s general funds of any Holiday Bonus Fund

monies due and

claimed during a further period of three years after such

accrual to the Council’s general funds. Should the Council be dissolved

within either of the periods mentioned herein, such monies shall finally accrue

to the general funds of the Council three months after the date of such

dissolution. However, if any claim for Holiday Bonus Fund monies is proved

successfully by an applicant while the Council is still in existence, it shall

remain obliged to pay that Holiday Bonus Fund monies.

14. REMUNERATION

14.1 Wages

No employer shall pay and no employee shall accept wages lower than those prescribed

in the Addendums to this Agreement.

14.2 Set-off of wages

14.2.1 No employee shall, while in the employ of an employer, give to, and no such

employer shall receive from such employee, any gift, bonus, loan guarantee

or refund either in cash or in kind which will in effect amount to a set-off of

the wages which must in terms of this Agreement be paid to such

employee.

14.2.2 No employee shall be required as part of his contract of service to board or

lodge with his employer, or at any place nominated by his employer, or to

purchase any goods or hire property from his employer.

14.3 Hourly rates of pay

All work performed by employees shall be paid for at an hourly rate, which hourly rate

shall be determined by dividing the employee’s actual weekly wage by 44 or by such

lesser hours ordinarily worked by the establishment.

P a g e | 44

14.4 Basis of payment

Notwithstanding anything to the contrary contained in this Agreement, payment for all

work done shall be at not less than the hourly rates of pay as prescribed for the

actual

occupation skills level of the operation or operations performed.

14.5 Employees engaged in more than one occupation skills level

An employee who is employed during any one day on work for which different hourly

rates of pay are prescribed shall be paid for all the hours worked on such day at the

higher or highest hourly rate of pay prescribed for such work.

14.6 Wage payment procedure

Employers may elect to pay wages by means of electronic transfer to employees’ bank

accounts or by means of cash only. Wages paid in cash shall be paid directly to the

employee.

14.6.1 The following provisions shall be applicable to the electronic transfer of wages:

14.6.1.1 Wages shall be deposited into employees’ bank accounts on pay

day each week.

14.6.1.2 Employees shall be handed pay slips every pay day which shall

reflect the name and address of the employer and the name of

the employee. Pay slips shall also reflect the amount of money

deposited into the employee’s bank account and how such an

amount was arrived at.

14.6.2 The following provisions shall be applicable to the cash payment of wages:

Wages shall be paid to employees on pay day each week. All cash shall be

handed to employees in sealed envelopes endorsed with the name and

address of the employer and the name of the employee, and shall contain a

statement reflecting the amount of money contained therein and how such

amount was arrived at.

General Provisions:

14.6.3 The pay day of every establishment shall be on Friday each week. Where

Friday is a non-working day, the pay day shall be the last working day

preceding that Friday.

14.6.4 No premium for the training of an employee shall be charged or accepted by

the employer: Provided that this clause shall not apply to training schemes

for which the employer is legally required to contribute.

P a g e | 45

14.6.5 No wage deductions of any kind shall be made from the amount due to an

employee other than for the following:

14.6.5.1 Any deduction for which an employer is legally or by order of any

competent court required or permitted to make;

14.6.5.2 with the written consent of the employee, deductions for life

assurance, medical schemes or pension funds/provident funds;

14.6.5.3 deductions for contributions or subscriptions of the employees’

trade union(s);

14.6.5.4 deductions in terms of this Agreement or any other agreement

administered by the Council.

14.7 Remuneration for overtime and work on a Sunday

14.7.1 All time worked in excess of the ordinary weekly working hours of the

establishment, other than time worked on a Sunday, up to and not exceeding

10 hours per week, shall be regarded as overtime and an employee shall be

paid for such work at a rate of one and a half times his hourly rate for such

hours.

14.7.2 For all overtime worked exceeding 10 hours per week and all time worked on a

Sunday, an employee shall be remunerated at a rate of double his hourly rate

for such hours.

14.7.3 Any time worked on a Sunday may not be used to make up for ordinary time

lost.

14.8 Remuneration for work on public holidays

Any employee who works on a paid public holiday shall be remunerated for the hours

worked on that day at his normal rate of pay in addition to the hours paid for that paid

public holiday and shall further be paid an allowance of 33% of his hourly rate of pay for

all those hours worked on such a day.

14.9 Remuneration for time worked in

An employer may, at its sole discretion, work time in to a maximum of 3 days per year

(January to December), in lieu of normal working time that will be lost, owing to the

closure of the establishment for religious holidays, or for any other reason. All

employees concerned shall be paid their ordinary rates of pay, provided that the time

expected to be lost shall be worked in prior to such closure and provided that an

establishment’s affected employees, were consulted prior to the working in of time. The

P a g e | 46

payment of wages for the time worked in must be made to the employees concerned

during the same pay week, when the time was lost.

14.10 Payment of night shift allowance

A night shift allowance, which will provide for meal and transport costs, is payable to an

employee where the employee is employed between 18:00 and 06:00 at the following

rates of pay:

14.10.1 Employee employed prior to 1 July 2012

The employer shall pay the employee his ordinary rate of pay, plus a 17.5%

night shift allowance.

14.10.2 Employee employed as from 1 July 2012

The employer shall pay the employee his ordinary rate of pay, plus a 13%

night shift allowance.

14.11 Set-off against annual wage increases

Should a performance agreement be concluded at an establishment, such a

performance agreement may be used as a set-off against annual wage increases,

subject to union approval and/or notification to the Council.

14.12 Subsistence allowance

An employer shall, in addition to any other remuneration due, pay his employee who, on

any journey undertaken in the performance of his duties, is absent from his place of

residence and his employer’s establishment for any period extending over one or more

nights, a subsistence allowance of not less than that prescribed in

ADDENDUM 2

ADDENDUM 3 of this Agreement.

CHAPTER 2

COUNCIL BENEFIT FUNDS/SCHEMES

1. ESTABLISHMENT AND CONTINUATION OF COUNCIL BENEFIT FUNDS/SCHEMES

The following Funds/Schemes are hereby established and/or continued:

1.1 The Furniture Bargaining Council Provident Fund (hereinafter referred to as the

Provident Fund), established and amalgamated in terms of the Agreements published

P a g e | 47

under Government Notices Nos. R. 44 of 13 January 1961, R. 495 of 24 March 1961

and R. 3043 of 4 January 1991, as amended and extended, is continued and

administered in accordance with the Pension Funds Act, 1956 (Act 24 of 1956)(as

amended), as well as the prevailing Collective Agreement of the Furniture Bargaining

Council.

1.2 The Furniture Bargaining Council Death and Disability Scheme (hereinafter referred

as the standard D.D.S.), established in terms of the Agreement published under

Government

Notice No. R. 1866 of 3 July 1992, as amended and extended, is continued

in accordance with the provisions of Chapter 2 and the Labour Relations Act, 1995 (Act

66 of 1995)(as amended).

1.3 The Furniture Bargaining Council Sick Benefit Society (hereinafter split into two

subdivided Funds to wit, Furnmed Sick Benefit Society and NUFAWSA Sick Benefit

Society), established and amalgamated in terms of the Agreements published under

Government Notices Nos. R. 44 of 13 January 1961, R. 495 of 24 March 1961 and R.

3043 of 4 January 1991, as amended and extended, is continued in accordance with the

provisions of Chapter 2 and the labour Relations Act. 1995 (Act 66 of 1995)(as amended)

and is hereby continued as the following two Sick Benefit Societies herein referred to as

the Furnmed Sick Benefit Society and the NUFAWSA Sick Benefit Society. The Parties

and Trustees to the Furnmed Sick Benefit Society are FBUMA and CEPPWAWU and the

Parties and Trustees to the NUFAWSA Sick Benefit Society are FBUMA and NUFAWSA.

1.4 The Home Ownership Scheme (hereinafter referred to as the H.O.S.), established in

terms of an initial separate agreement between the Parties to the Council in 1994, is

herein continued in accordance with the provisions of the National Credit Act, 2005 (Act

34 of 2005)(as amended) as well as the provisions of Chapter 2 of this Collective

Agreement.

1.5 The Emergency, Trauma, Disaster and Education Fund (hereinafter referred to as the

E.T.D.E. Fund), established in terms of an initial separate agreement between the Parties

to the Council in 1994, is herein continued in accordance with the provisions of the

National Credit Act, 2005 (Act 34 of 2005)(as amended) as well as the provisions of

Chapter 2 of this Collective Agreement.

2. OBJECTIVES OF THE COUNCIL BENEFIT FUNDS/SCHEMES

2.1 The objective of the Furniture Bargaining Council Provident Fund (the Provident

Fund), is to provide for retirement benefits to participating members of the furniture,

bedding and upholstery industry;

P a g e | 48

2.2 The objective of the Furniture Bargaining Council Death and Disability Scheme

(standard D.D.S.), is to provide for death, disability and funeral benefits to participating

members of the furniture, bedding and upholstery industry, as well as for funeral

benefits to the dependants of the main participating members;

2.3 The objective of the Furniture Bargaining Council Sick Benefit Society (hereinafter

split into two subdivided Funds to wit, Furnmed Sick Benefit Society and NUFAWSA

Sick Benefit Society), is to provide for prescribed medical benefits to participating

members of the furniture, bedding and upholstery industry, as well as for their registered

dependants;

2.4 The objective of the Home Ownership Scheme (H.O.S.), is to provide for home loan

facilities for qualifying members of the furniture, bedding and upholstery industry, to

purchase, improve, renovate, repair and/or maintain existing or new housing. No new

loan applications will be considered and existing loans will be serviced until expiry;

2.5 The objective of the Emergency, Trauma, Disaster and Education Fund (E.T.D.E.

Fund), is to provide for loan facilities for qualifying members of the furniture, bedding

and upholstery industry, to assist members with loans for emergencies, trauma,

disasters and/or education. No new loan applications will be considered and existing

loans will be serviced until expiry.

2.6 Any benefit payable upon the death of a member, shall be subject to the provisions of

section 37C of the Pension Funds Act, 1956 (Act 24 of 1956).

2.7 It is the objective of the parties to this agreement to apply to the Minister of Labour to

extend the Council benefit funds/schemes to non-parties in terms of the LRA. This will

be done in order to make available the same industry benefits to non-parties.

3. MEMBERSHIP OF THE COUNCIL BENEFIT FUNDS/SCHEMES

3.1 Membership of the Council benefit funds/schemes shall be compulsory for all party

employees who are employed by party employers and for all non-party employees who are

employed by non-party employers when this agreement is extended to non-party

employees and employers in terms of section 32 of the LRA by the Minister of Employment

and Labour.

To obtain membership of the Council benefit funds/schemes, these employees and

employers must fall within the registered scope of this Council and this Collective

Agreement must prescribe their wages.

P a g e | 49

Membership of either the Furnmed Sick Benefit Society or the NUFAWSA Sick Benefit

Society may be obtained by qualifying in terms of the applicable Fund’s rules and by

electing to become a member. Contributions payable to either of these Funds, if

applicable, are as prescribed in ADDENDUM 1.

3.2 Membership of the Council’s Benefit Funds/Schemes shall:

3.2.1 consist of all employees, other than casual employees, in the Industry for whom

wages are prescribed in this Collective Agreement; and

3.2.2 subject to the approval of the Council, Board of Trustees or Committee(s), be

granted to such other persons whom are directly employed in the Industry and who

wish to become voluntary members of either the Furnmed Sick Benefit Society or

the NUFAWSA Sick Benefit Society and in respect of whom their employers have

agreed to make the contributions prescribed in ADDENDUM 1 and subject to the

rules of those two individual funds.

3.2.3 Membership shall cease when a member leaves the Industry or in the event of

death or permanent disability of a member.

3.2.4 Special provisions applicable to members who were formerly members of the

Transvaal Furniture Workers’ Mortality Association and the Transvaal Bedding

Workers’ Mortality Benefit Association and the former Transvaal Furniture Workers’

Burial Society and the Transvaal Workers’ Burial Society and who retired from the

Industry owing to old age or ill health or who reached the age of 65 years on or

before 1 October 1988 shall be entitled to benefits as prescribed in the former

Mortality Association and Burial Society Agreements.

3.2.5 Membership of the Fund/Scheme shall not cease due to a member or employee

attaining the age of 65, or where the inability of the member or employee to work is

due to ill health, temporary disability or owing to short time.

3.3 Membership of Furnmed Sick Benefit Society and NUFAWSA Sick Benefit Society:

3.3.1 Existing membership

An employee who has been a member of either of the Sick Benefit Societies prior

to 1 May 2020, is regarded as an existing member and shall from the first full pay

week in May 2020, be paid a prescribed medical allowance per week by the

employer and the employee shall pay the weekly contributions to the relevant

Society, as prescribed in ADDENDUM 1.

P a g e | 50

3.3.2 New membership

From 29 July 2020 as determined by the Minister, any employee employed by an

employer within the registered scope of this Council, for whom wages are

prescribed in the Collective Agreement, may apply to become a voluntary

member of either the Furnmed Sick Benefit Society or the NUFAWSA Sick

Benefit Society, subject to the employee qualifying in terms of the applicable

fund rules and the employee concerned, paying the prescribed employee only

contributions as reflected in ADDENDUM 1, to the relevant Society. If

successful, the rules of the Fund concerned shall apply to the member.

3.3.3 Ordinary membership

Any employee employed by an employer within the registered scope of this

Council, for whom wages are prescribed in the Collective Agreement, may apply

to become a member of either the Furnmed Sick Benefit Society or the

NUFAWSA Sick Benefit Society, subject to the employee qualifying and both the

employer and employee concerned, paying the prescribed contributions which

are applicable to the relevant Society. If successful, the rules of the Fund

concerned shall apply to the member.

3.3.4 Voluntary membership

Employees who are employed in the Industry for whom wages are not

prescribed in this Agreement may be admitted as voluntary members of the

Furnmed Sick Benefit Society or NUFAWSA Sick Benefit Society in terms of the

relevant Society’s rules.

3.3.5 Continuation membership

Employees who were existing or voluntary members of the Furnmed Sick

Benefit Society or NUFAWSA Sick Benefit Society immediately prior to

permanent retirement from the Industry owing to old age (65 years or more) or to

permanent disability as substantiated by a medical certificate(s), or dependant

widows/widowers of deceased continuation members may be admitted as

continuation members of the Furnmed Sick Benefit Society or NUFAWSA Sick

Benefit Society depending on the original Society’s membership.

3.3.6 Termination of membership

Membership of both the Societies shall terminate within one month of a member

leaving the Industry.

P a g e | 51

3.3.7 Reserves of the Furnmed Sick Benefit Society and NUFAWSA Sick Benefit

Society

If at any time the reserves of the Furnmed Sick Benefit Society or NUFAWSA

Sick Benefit Society drop below the average of one month’s contributions, the

payment of benefits shall cease and shall not be resumed until the reserves of

the Societies exceed the aggregate of two months’ contributions.

3.3.8 Right of recourse

If it is established that a member has ceased to be a member of the Furnmed

Sick Benefit Society or NUFAWSA

Sick Benefit Society, and the Society has in

error or contractually paid for

any medical expenses incurred by such member

and/or his registered dependants, the Fund trustees shall have the right to

deduct the amount(s) from the member’s Provident Fund contributions and

transfer the amount(s) due to the relevant Society.

4. CONTRIBUTIONS AND EXISTING LOAN REPAYMENTS TO THE COUNCIL BENEFIT

FUNDS/SCHEMES

4.1 Prescribed contributions for the Provident Fund, Furnmed Sick Benefit Society and the

NUFAWSA Sick Benefit Society, if applicable, shall be deducted weekly from the

employee’s wages and a prescribed contribution from the employer shall together be paid

to the Council or any other prescribed organisation or body, as per the values stipulated in

ADDENDUM 1.

4.2 Existing stipulated loan repayments towards the H.O.S. and the E.T.D.E. fund shall be

made to the Council in accordance with individual signed loan agreements.

4.3 A weekly amount shall be deducted from the employee’s contributions to the Provident

Fund and a weekly amount from the employer’s contributions to the Provident fund and

shall be diverted to the standard D.D.S. The standard D.D.S. may make provision for

insurance premiums and administration costs.

5. ADMINISTRATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES

5.1 The Council and/or Board of Trustees and/or Committee(s) referred to in this chapter shall

have the right to appoint administrators, consultants and/or advisors for their

Funds/Schemes.

P a g e | 52

5.2 The Council or Board of Trustees of the Funds/Schemes shall consist of 50% delegates or

trustees nominated by the trade union/s concerned and of 50% delegates or trustees

nominated by the employers’ association/s concerned. Designated alternates may stand in

for absent trustees.

5.3 The Funds/Schemes may be administered by the office of the Council or an external

administrator partly or in toto in terms of a service level agreement. The provisions of the

Council’s Constitution relating to the election of a chairman and vice-chairman, their period

of office and the calling and conducting of meetings of the Council and the right of

alternates to stand in for representatives, shall mutatis mutandis apply in the case of a

committee.

5.4 The Funds/Schemes shall be administered in accordance with rules specified for this

purpose either by the Council or by a Board of Trustees with the approval of the Financial

Services Conduct Authority where necessary and such rules shall not be inconsistent with

the provisions of any Collective Agreement, the Act, or any other law and shall, inter alia,

specify –

5.4.1 the Funds/Schemes benefits and the expected qualifications attached thereto;

5.4.2 the procedure for lodging and payment of claims and/or benefits; or

5.4.3 any other matters which the Council or the Board of Trustees may decide.

5.5 The Council shall appoint a General Secretary who may appoint other staff as deemed

necessary for the proper administration of the Funds/Schemes.

5.6 In the event of an appointed committee being unable to perform its duties for any reason,

the Council shall perform the committee’s duties and exercise its powers.

5.7 Any disputes concerning the interpretation, meaning, application or intention of any of the

provisions of this Agreement or concerning the administration of the Funds/Schemes which

an appointed committee is unable to settle, shall be referred to the Council or Board of

Trustees for a final and binding decision.

5.8 No members of the Council or the Board of Trustees or members of the committees, the

General Secretary, officers and employees of the Funds/Schemes shall be liable for the

debts and liabilities of the Funds/Schemes.

5.9 No members of the Council or Board of Trustees or members of the committees, the

General Secretary and officers and employees of the Funds/Schemes shall be held

responsible for any act which may result in loss to the Funds, where such act was done in

good faith, and they are hereby indemnified by the Funds/Schemes against all losses and

expenses incurred by them in or about the bona fide discharge of their duties.

5.10 No members of the Council or Board of Trustees or members of the committees, the

General Secretary and officers and employees of the Funds/Schemes shall be held

responsible for any contributions deducted and any contributions due and payable by any

P a g e | 53

employer not paid over to the Funds/Schemes upon sequestration or liquidation of such

establishment or employer’s estate or at all.

5.11 All expenses incurred in connection with the administration of the Funds/Schemes

concerned shall be charged against the Funds/Schemes and/or recovered by way of

administration fees.

6. OPERATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES

6.1 The Funds/Schemes shall consist of –

6.1.1 all the Fund/Schemes contributions;

6.1.2 all interest derived from the investment of any monies or assets of the various

Funds and Schemes; and

6.1.3 all other monies to which the Funds/Schemes may become entitled.

6.2 All monies accruing to the Funds/Schemes shall be deposited to the credit of the

particular Funds/Schemes in a separate account with a registered bank within three

working days after receipt thereof.

6.3 The monies of the Funds/Schemes shall be used for payment of benefits, administration

costs and expenditures in accordance with the rules of the various Funds/Schemes.

6.4 When benefits or loans granted become payable, the amount due from the

Funds/Schemes shall be paid to beneficiaries or successful applicants by cheque,

electronic transfer or cash.

6.5 All cheque payments from the Funds/Schemes shall be signed by three persons duly

authorised by the Council or the Board of Trustees.

6.6 Any monies not required to meet current payment of benefits, administration costs and

expenditures shall be invested only in terms of section 53(5) of the Act.

7. AUDITING OF THE COUNCIL BENEFIT FUNDS/SCHEMES

7.1

Auditors as defined in the Act shall be appointed by the Council or the Board of

Trustees and shall audit the

accounts of the Funds/Schemes at least annually. The

auditors shall, by not later than 30 June of each year and within six months after the end

of each financial year, prepare financial statements.

7.2 The financial statements shall be prepared and audited to the standards of generally

accepted accounting practice, principles and procedures and prepared to represent the

fair presentation of financial records in accordance with international financial reporting

standards and shall comprise of:

the books and records of the Council’s income, expenditure, assets and liabilities;

P a g e | 54

the statement of income and expenditure and a balance sheet;

the statement of the financial position as at the financial year end;

the statement of surplus or deficit and other comprehensive income;

the statement of changes in equity;

the statement of cash flow for the financial year;

the summary of significant financial policies and other explanatory financial notes; and

the fair reflection that the Furniture Bargaining Council has complied with those provisions

of its Constitution, relating to financial matters.

7.3

The audited financial statements of the Funds/Schemes shall thereafter lie for

inspection at the office of the Council and copies thereof, duly certified by the auditor

and countersigned by the Chairman of the Council or the Board of Trustees, together

with any report made by the auditor thereon, shall be lodged with the Registrar of Labour

Relations and/or the Financial Services Conduct Authority as the case may be, no later

than

by the end of June every year, following the period covered by such financial

statements.

7.4

In the event of any Council Funds/Schemes being administered by an outsourced

administrator other than the Council’s office either whole or in part, as a result of a

decision by the Council, Board of Trustees, or Committee(s), such administrator shall

be obliged to comply with clause 7.3 above and inter alia submit the Funds’/Schemes’

audited financial statements to the Council, on or before the end of June every year,

following the period covered by such financial statements.

8. EXPIRY OF THE COLLECTIVE AGREEMENT

8.1 Upon the expiry of this Collective Agreement or any extension thereof, the Council or

trustees in office at the time,

or the trustee or trustees appointed by the Registrar of

Labour

Relations or the Financial Services Conduct Authority as the case may be,

shall continue to administer the Funds/Schemes for a period of at least two years in

order to pay out benefits due to the beneficiaries and, subject to the approval of the

Registrar of Labour Relations or the Financial Services Conduct Authority as the case

may be. Any money standing to the credit of the Funds/Schemes, after the said period

of at least two years shall remain in the various relevant funds, until liquidation thereof.

8.2 If upon expiry of the said period of at least two years, the affairs of the Council and/or

the Funds/Schemes have already been wound up and its assets distributed, the

balance of the funds shall be distributed and liquidated in terms of the rules of the

various Fund/Schemes, the provisions of the council’s Constitution, the council’s last

collective agreements and any applicable legislation at the time.

P a g e | 55

9. LIQUIDATION OF THE COUNCIL BENEFIT FUNDS/SCHEMES

9.1

Upon the expiry of this Agreement or any extension thereof and, in the event of no

subsequent agreement being negotiated for the purpose of continuing the operations of

the Funds/Schemes within two years from the expiry of this Agreement or any extension

thereof, the Funds/Schemes shall be liquidated and distributed in terms of the rules of

the various Funds/Schemes, the provisions of the council’s Constitution, the council’s

last collective agreements and any applicable legislation at the time.

9.2

In the event of the Council in office at the time being unable to administer and/or

liquidate any of the Funds/Schemes in terms of this clause, and/or being unable or

unwilling to discharge its duties, or a deadlock arising thereon which renders the

administration of the Funds/Schemes impracticable or undesirable in the opinion of the

Registrar of Labour Relations or the Financial Services Board as the case may be, the

latter may appoint a trustee or trustees to carry out the duties of the Council or the

Board of Trustees

and such trustee or trustees shall possess all the powers of the

Council or the Board of Trustees for such

purposes.

9.3 In the event of the dissolution of the Council or the Board of Trustees or in the event of

them ceasing to function

during any period in which this Agreement is binding in

terms of the Act, the Funds/Schemes

shall continue to be administered by the office of

the Council at the time.

9.4 Subject to the provisions of clauses 9.1 and 9.2 hereof, upon the expiry of the

Agreement, the Funds/Schemes shall be liquidated in terms of clause 8 and/or 9 of this

Chapter by the Council or Board of Trustees in office at the time or the trustee or

trustees appointed by the Registrar of Labour Relations or the Financial Services

Conduct Authority as the case may be.

10. BENEFITS INALIENABLE

10.1 The benefits provided for by the Funds/Schemes referred to in this chapter shall not be

transferable and any member who attempts to assign, transfer, pledge or hypothecate

his rights may forthwith cease to be entitled to any benefits whatsoever, and

membership of the Funds/Schemes in respect of members and their dependants may be

terminated

by the Council or Board of Trustees: Provided that a member’s

Provident Fund benefits may, with the

approval of the Board of Trustees and the

Financial Services Conduct Authority as the case may be, be transferred to another

registered, recognised provident/pension fund.

P a g e | 56

10.2 No benefit or right to any benefit shall be capable of being ceded, transferred, assigned

or otherwise made over, or pledged or hypothecated. No contributions made by a

member or on his behalf shall be liable to be attached or be subject to any form of

execution under a judgement or order of a court of law except in terms of section

37D of the Pension Funds Act, 1956

(Act 24 of 1956)(as amended).

11. WITHHOLDING OF BENEFITS

The Council and/or Board of Trustees and/or Committee(s) may refuse and/or withhold any or

all benefits from any member and/or his dependants who in its opinion, have acted in a manner

calculated to or reasonably likely to harm the interests of the Funds/Schemes or their members:

Provided that such members shall be given the opportunity of submitting an appeal to an

independent body against the decision of the Council or the Board of Trustees or

Committee(s), whose decision shall be final and binding.

12. PAYMENT OF FEES, LEVIES AND CONTRIBUTIONS

12.1 Every employer shall forward monthly the payments for fees, levies and contributions

prescribed in ADDENDUM 1 to this Agreement and elsewhere in the Agreement,

together with return(s) in the manner specified by the

Council from time to time, to

reach the Council by not later than the 10

day of the month

following the month

during which the employee’s deductions were required to be made.

Interest on late

payment will be charged at a rate of 15% per annum. The return(s)

shall be certified

by the employer or his authorised representative as being true and correct.

12.2 If, in any particular month, no employees are employed and the employer is not a

working employer, a NIL return, duly signed by the employer or his authorised

representative, shall be submitted to the Council.

12.3 In the event that the establishment of its own accord elects to amend or replace a

particular monthly return or when such establishment is so requested by the Council,

such amendment or replacement return shall reach the Council by not later than the

last day of the month in which such return was originally required to be submitted.

12.4 In the event that an employer or an establishment omits, fails or neglects to submit to

the Council the required monthly returns and/or omits, fails or neglects to timeously

deduct and pay over to the Council any due fees, levies and/or contributions, without

previously formally being exempted by the Council in this regard, or without

previously having supplied the Council with a prescribed and up-to-date acceptable

P a g e | 57

guarantee, such employer or establishment shall be held liable to the full extent of the

prevailing Collective Agreement.

13. AMENDMENT TO THE RULES

The Council or Board of Trustees with the approval of the Financial Services Conduct Authority

shall have the power to prescribe, alter and amend the Funds’/Schemes’ rules and to make,

amend and alter the rules governing the administration of the funds. Such rules or any

amendments thereof shall not be inconsistent with the provisions of any collective agreement

entered into between the parties or the provisions of any legislation. A copy of the rules and any

amendments thereof shall be transmitted to the Registrar of Labour Relations and/or the

Financial Services Conduct Authority as the case may be.

CHAPTER 3

NEGOTIATING PROCEDURES AND DISPUTE SETTLEMENT PROCEDURES

1. Preamble

The procedures set out in this Agreement shall be adopted to deal with all disputes

arising within the Council’s scope.

2 Procedure for the negotiation of collective agreements

2.1 Any party of the Bargaining Council may introduce proposals for the conclusion

or amendment of a collective agreement in the Bargaining Council.

2.2 The proposals must be submitted at least 2 months prior to the effective date of

the amendments concerned. The proposals must be submitted to the General

Secretary in writing and must identify the other parties to the proposed

agreement.

2.3

Within seven days of submission of the proposals, the General Secretary

must

serve copies of the proposals on the other parties to the council.

2.4 Within 21 days of submission of the proposals or at any other time that all the

parties agree to, the General Secretary must call a special meeting of the

executive committee to consider the proposals and to decide on a process for

negotiating the proposals, including-

2.4.1 the introduction of counter-proposals;

2.4.2 whether the negotiations should be concluded by the Bargaining Council,

the executive committee or any other committee appointed by the

Bargaining Council;

P a g e | 58

2.4.3 the possible appointment of a mediator to facilitate the negotiations; and

2.4.4 the timetable for the negotiations.

2.5 If no negotiation process is agreed upon-

2.5.1 the General Secretary must appoint a mediator to facilitate negotiations if it

was so agreed upon and to conclude a collective agreement;

2.5.2 the Bargaining Council must meet at least twice within 30 days of

the

meeting to negotiate on the proposals and any counter

proposals, unless a

collective agreement has been concluded;

2.5.3 the mediator must facilitate the negotiations at those meetings and

facilitate

the negotiations for the conclusion of a collective

agreement, unless

otherwise agreed to by the parties.

2.6 If no collective agreement is concluded in the course of this process or the procedure

contemplated in this clause-

2.6.1 any of the parties or both the parties to the Bargaining Council may-

2.6.1.1 refer a dispute to arbitration as contemplated in clause 3 of this

Chapter; or

2.6.1.2 resort to a strike or a lock-out that conforms with the provisions of

the Act; or

2.6.2 any party to the dispute whose members are engaged in essential services

may request that the dispute in respect of the employers and the employees

engaged in those services be resolved through arbitration as contemplated in

clause 3 of this Chapter.

2.7 In the circumstances contemplated in subclause 2.6.1.1, the General Secretary must

appoint any independent arbitrator, including any panellist, to arbitrate the dispute.

2.8 If the parties to a dispute disagree on an arbitrator for their dispute, the General

Secretary shall appoint any other arbitrator to arbitrate the dispute referred to the

General Secretary in terms of this Council’s Collective Agreement.

2.9 During a strike or lock-out as contemplated in subclause 2.6.1.2, the parties to

the

dispute must attend every meeting convened by a conciliator, mediator

and/or

arbitrator to resolve the dispute.

2.10 If any party to the dispute fails to attend without any good cause shown, the members

of that party-

2.10.1 if they participate in a strike, will forfeit the protection they would have enjoyed

in terms of the Act;

2.10.2 if they are engaged in a lock-out, will forfeit the protection they would have

enjoyed in terms of the Act.

P a g e | 59

3. Disputes between parties to the bargaining council

Any dispute arising between the parties to the Bargaining Council other than disputes

referred to in clauses 2 and 4 of Chapter 3, shall be subject to arbitration and shall be

dealt with as follows:

3.1 The party or parties who claim that a dispute exists must refer the dispute in

writing to the General Secretary of the Bargaining Council within 30 calendar

days from the date the dispute arose.

3.2 The written referral must reflect the following information:

3.2.1 the details of the party or parties referring the dispute;

3.2.2 the details of the party or parties with whom the referring party is in

dispute;

3.2.3 the nature of the dispute;

3.2.4 the date the dispute arose;

3.2.5 the outcome the referring party requires.

3.3 The referral must reach the General Secretary of the Bargaining Council together

with proof from the party or parties who refer the dispute satisfying the

General

Secretary that a copy of the referral has been served on all other

parties to

the dispute.

3.4 The General Secretary shall appoint an independent arbitrator, which may

include a panellist, within 14 calendar days of receiving the written referral and

proof that a copy of the referral has been served on all other parties to the

dispute.

3.5 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act as if it

were one of those disputes referred to in the Act and must hand down either a

settlement in the case of a conciliation or a ruling in the case of an arbitration,

within seven calendar days of the conciliation or arbitration been finalised.

3.6 The settlement or ruling as referred to in clause 3.10 above shall be final and

binding on the parties to the dispute.

3.7 The total cost to the above-mentioned process shall be paid by the Council’s

General Fund.

3.8 The process as described in this clause may be deviated from only if a future

collective agreement determines a different process or by agreement between

the parties to the dispute.

4. All other disputes

4.1 All other disputes excluding the disputes referred to in clauses 2 and 3 above,

must be referred to this Bargaining Council and shall be subjected to

P a g e | 60

conciliation and/or arbitration and shall be dealt with in terms of the Act and the

prevailing rules of the CCMA, on condition that such disputes fall within the

scope of this Bargaining Council. Such disputes shall be dealt with as follows:

4.1.1 The party or parties who claim that a dispute exists must refer the

dispute in writing to the Bargaining Council in accordance with the

provisions of the Act and the rules of the CCMA.

4.1.2 The party referring the dispute must complete the referral on the

prescribed referral form of the Bargaining Council.

4.2

The referral must reach the Bargaining Council together with proof from the

party or parties who refer the dispute satisfying the Bargaining Council that a

copy of the referral has been served on all other parties to the dispute.

4.3

The General Secretary or any delegated official shall refer the dispute to a

member of the Council’s panel of conciliators and/or arbitrators after receiving

the written referral and proof that a copy of the referral has been served on all

other parties to the dispute.

4.4 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act and

the rules of the CCMA and must attempt to hand down either a settlement in the

case of a conciliation or a ruling in the case of an arbitration.

4.5

A Council panellist may be appointed to both the conciliation and arbitration

panels and a panellist shall be eligible for reappointment if the Council so wish,

unless he or she has indicated otherwise in writing to the General Secretary.

4.6

A fund shall be established by the Bargaining Council to meet the expenses

incurred during this dispute resolution process.

4.7 The fund referred to above may be funded by-

4.7.1 Regularly applying for subsidies to the governing body of the CCMA as

prescribed;

4.7.2 the Council charging fees for performing any of these functions for

which it is accredited and which functions it is allowed to perform in

terms of the Act;

4.7.3 instituting a dispute resolution levy which will be payable by the

employers and employees in the Industry.

4.8 All expenses incurred through the dispute resolution process shall be paid by

the fund referred to in clause 4.6.

4.9 The provisions of clause 4 of Chapter 2 of this Agreement regarding financial

control of funds shall apply to this fund.

P a g e | 61

5. General

5.1 Functions to be performed by the Council in terms of this Agreement shall be

performed by the General Secretary. The General Secretary may delegate any

of his functions and responsibilities.

5.2 Expenses incurred through conciliation and/or arbitration proceedings may be

charged in any manner, but at a reasonable rate to be determined by the

Council. A commissioner who presides in any conciliation or arbitration

proceedings at this Council is hereby empowered to impose any fee, fine or

penalty allowed or prescribed either by the Act, the CCMA rules or as such

commissioner may reasonably deem fit.

5.3

The Council shall establish and maintain panels of arbitrators and

conciliators to carry out the arbitration and conciliation functions in terms of this

Agreement. The Council may at any stage decide to remove a person from a

panel for whatever reason it considers appropriate including, but not limited to,

incapacity or misconduct. Any other independent accredited conciliator or

arbitrator may be used if good cause can be shown.

5.4 Any notice or service required in terms of this Agreement may be given by

telefax, hand delivery, registered post, telegram or telex.

5.5 The Council may be a party to a dispute which is processed in terms of this

Agreement.

5.6 Expressions and phrases in this Collective Agreement, unless the context

otherwise indicates, have the same meaning as those defined in the Labour

Relations Act, 1995.

5.7 Referral of disputes

All disputes which may be referred to a bargaining council in terms of the

Act, and which fall within this Council’s registered scope, shall be referred to this

Council in accordance with the Act and the rules of the CCMA.

5.8 Lodging of complaints

All complaints with regard to the non-compliance of this Agreement shall be

lodged with this Council. The Council shall investigate all such complaints

and

may take whatever steps it deems necessary to resolve such

complaints. In

this regard, without limiting the powers of the Council or the powers of

agents/designated agents of the Council, the powers specifically reflected in

Sections 33 and 33A of the Act shall be utilised to resolve such

complaints in

P a g e | 62

the most amicable way. This may include the conciliation

and/or arbitration

procedures in terms of the Act and the rules of the CCMA.

5.9 Compliance orders

Without limiting the powers of the Council, the Council may issue compliance

orders, which call upon an establishment, a person or party to act in

accordance with or comply in a specific manner and within a specific time

period with the provisions of this Collective Agreement.

5.10 Appointment of an independent agency

In the event of an accredited agency being appointed as contemplated in

clause 5.3 above to conciliate or arbitrate any of the disputes of the Council for

whatever reason, such disputes shall nevertheless be conducted in accordance

with this Agreement.

5.11 Recovery of collection commission

In the event of the Council appointing attorneys and/or agents in relation to the

enforcement and collection of any fees, levies and contributions owing to the

Council in terms of this agreement then, over and above any amounts due to the

Council, the

party liable for such amounts will also be liable for any

commissions and

other expenses payable by the Council relating to the

recovery of such fees, levies and contributions.

CHAPTER 4

OCCUPATION SKILLS LEVELS -

FURNITURE, BEDDING AND UPHOLSTERY SECTOR

1. General worker

Work at this level is of a manual and/or repetitive nature. Minimum skill is required and

limited discretion and limited judgement applies. The employee will work under direct

supervision.

Nature of work performed:

All types of manual labour of a repetitive nature.

Some job titles:

P a g e | 63

Truck assistant, cleaner, machine feeder, packer, stacker, sand paperer, operating a

filling machine, securing mattress panels to springs, tea persons, other non-production

operations, etc.

2. Semi-skilled employee

Employees at this level will have limited skills training and are required to exercise

limited discretion in performing tasks.

Employees work under direct supervision.

They will have a basic understanding of work flow and sectional output, meeting required

quality standards.

Nature of work performed:

 Setting up and/or operating continuous processing machines.

 Clerical staff e.g. storeman, despatch clerk, etc

Some job titles:

Spray painting, silk screening, upholstering basic furniture e.g. occasional chairs,

dining

room/kitchen chairs, studio couches, repetitive welding in a jig, sandblasting,

drivers,

assemblers, etc.

3. Skilled employee

Employees at this level either have a recognised tertiary qualification or have gained

competence through experience.

The employee is required to exercise a considerable degree of discretion and will be able

to read technical drawings where necessary.

The employee must accept responsibility for meeting production outputs at an

acceptable quality level.

Qualifications and nature of work performed:

 All artisans who obtained a recognised artisan qualification.

 Technical staff who obtained a recognised technical qualification equivalent to at

least M + 3.

 Using a computer to construct working drawings and production schedules.

P a g e | 64

4. Chargehand

Employees at this level will have a broad knowledge of the discipline that they

supervise. They may be working chargehands or supervisory chargehands. They must

be competent and trained in people management skills and will be responsible for

outputs in the section within acceptable parameters. These employees will be

supervisors of only general workers.

They will be required to exercise analytical skills with a relevant high level of decision

making.

5. Foreman/Supervisor

Employees at this level will have experience in more than one discipline with

competency in people management skills (e.g. motivation, discipline, safety and

security, etc.)

They will be able to work from complex drawings and will be able to interpret and apply

technical skills. They will be versed in on the job training. Employees at this level will

regularly meet output targets maintaining an acceptable quality standard.

ADDENDUM 1

FEES, LEVIES AND CONTRIBUTIONS PAYABLE TO THE COUNCIL

1. LEAVE PAY FUND CONTRIBUTIONS

1.1 Leave Pay Fund contributions shall only be payable by the employer to the

Council and are calculated at a rate of 6.25% of the ordinary hours worked by the

employee and on the hours which would ordinarily have been worked by the

employee on:

1.1.1 paid public holidays;

1.1.2 paid trade union representative leave days;

1.1.3 paid sick leave days;

1.1.4 paid family responsibility leave days; and

1.1.5 paid study leave days.

1.2 The amount payable for working employers shall be at a rate of 6.25% of a

foreman’s prescribed minimum hourly rate of pay.

1.3 No Leave Pay Fund contributions are payable on wages which are payable for

overtime wages, hours worked on a Sunday and allowances.

P a g e | 65

2. HOLIDAY BONUS FUND CONTRIBUTIONS

2.1 Holiday Bonus Fund contributions shall only be payable by the employer to the

Council and are calculated at the prescribed rates when more than 20 hours’

wages per week are payable to an employee. To determine the number of

hours worked by the employee, the calculation must include the ordinary hours

worked by the employee as well as the hours which would ordinarily have been

worked by the employee on:

2.1.1 paid public holidays;

2.1.2 trade union representative leave days;

2.1.3 the first 3 days per annum of paid sick leave days on condition that an

acceptable medical certificate is presented by the employee to his

employer and that such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday; and

2.1.4 family responsibility leave days for the first 2 days only which are

related to the death of an employee’s spouse, life partner, employee’s

parent, adoptive parent, grandparent, child, adopted child, grandchild or

sibling and upon submission of the relevant death certificate by the

employee to his employer.

2.2 The Holiday Bonus Fund contributions payable to the Council shall be

determined as follows:

2.2.1 8.75% of the employee’s ordinary weekly wages, if the employee has

lost 20 minutes or less of the full possible number of ordinary hours that

the employee is entitled to be paid for in any specific pay week.

2.2.2 5% of the employee’s ordinary weekly wages, if the employee has lost

between 21 minutes and 60 minutes of the full possible number of

ordinary hours that the employee is entitled to be paid for in any specific

pay week.

2.2.3 0% of the employee’s ordinary weekly wages, if the employee has lost

more than 60 minutes of the full possible number of ordinary hours that

the employee is entitled to be paid for in any specific pay week.

2.2.4 8.75% of a foreman’s weekly rate of pay for working employers.

2.2.5 No Holiday Bonus Fund contributions are payable on wages which are

payable for overtime wages, hours worked on a Sunday, allowances

and on wages which are payable for study leave days.

2.2.6 An employee shall be entitled to Holiday Bonus Fund contributions at

the prescribed rate for a full day if he has reported to his place of work

when required to be present by the employer, on any day when that

establishment is working short time.

P a g e | 66

3. PROVIDENT FUND CONTRIBUTIONS

3.1 Provident Fund contributions shall be payable to the Council at the prescribed

rates by the employer and employee when more than 20 hours’ wages per week

are payable to an employee. To determine the number of the hours worked by

the employee, the calculation must include the ordinary hours worked by the

employee as well as the hours which would ordinarily have been worked by the

employee on:

3.1.1 paid public holidays;

3.1.2 trade union representative leave days;

3.1.3 the first 3 days per annum of paid sick leave days on condition that an

acceptable medical certificate is presented by the employee to his

employer and that such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday; and

3.1.4 family responsibility leave days for the first 2 days only which are

related to the death of an employee’s spouse, life partner, employee’s

parent, adoptive parent, grandparent, child, adopted child, grandchild or

sibling and upon submission of the relevant death certificate by the

employee to his employer.

3.2 The Provident Fund contributions payable to the Council shall be as follows for

parties from 29 June 2020 as determined by the Minister, from the first full pay

week in May 2021 and from the first full pay week in May 2022 for all Occupation

Skills Levels:

3.2.1 Employees in the Industry: 6% of normal weekly wages from the

employee per week, calculated on the

establishment’s normal ordinary hours of

work per week, plus an equal amount

from the employer.

3.2.2 Working employers: 12% of a foreman’s prescribed weekly

wage.

4. DISPUTE RESOLUTION LEVY

4.1 Dispute Resolution levies shall be payable to the Council at the prescribed rates

by the employer and employee when 1 hour or more wages per week are

payable to an employee. To determine the number of hours worked by the

employee, the calculation must include the ordinary hours worked by the

employee as well as the hours which would ordinarily have been worked by the

P a g e | 67

employee on:

4.1.1 paid public holidays;

4.1.2 trade union representative leave days;

4.1.3 the first 3 days per annum of paid sick leave days on condition that an

acceptable medical certificate is presented by the employee to his

employer and that such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday; and

4.1.4 family responsibility leave days for the first 2 days only which are related

to the death of an employee’s spouse, life partner, employee’s parent,

adoptive parent, grandparent, child, adopted child, grandchild or sibling

and upon submission of the relevant death certificate by the employee to

his employer.

4.2 The Dispute Resolution levies payable to the Council shall amount to R1-00 per

employee per week payable by the employer and R1-00 per week payable by

the employee.

5. SICK BENEFIT SOCIETIES

The current status quo for existing employee Sick Benefit Society employee

contributions will apply unless it is decided differently at the respective Sick Benefit

Societies. The following Sick Benefit Society contributions are payable from 29 June

2020 as determined by the Minister:

5.1 EXISTING MEMBERSHIP PRIOR TO 29 JUNE 2020 - FURNMED SICK

BENEFIT SOCIETY CONTRIBUTIONS (for all areas excluding the Free

State Province

5.1.1 Furnmed Sick Benefit Society contributions shall be payable to the

Council at the prescribed rates by the employer and employee when

more than 20 hours’ wages per week are payable to an employee.

To determine the number of hours worked by the employee, the

calculation must include the ordinary hours worked by the employee

as well as the hours which would ordinarily have been worked by

the employee on:

5.1.1.1 paid public holidays;

5.1.1.2 trade union representative leave days;

5.1.1.3 the first 3 days per annum of paid sick leave days on

condition that an acceptable medical certificate is

P a g e | 68

presented by the employee to his employer and that

such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday;

and

5.1.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

the relevant death certificate by the employee to his employer.

5.1.2 Member: R57-50 per week payable by the employee

and R30-50 per week per employee,

payable by the employer as a medical

allowance.

5.1.3 Adult dependants: R45-00 per week payable,

per adult

dependant, payable by the employee only.

5.1.4 Minor dependants: R45-00 per week, per minor dependant,

payable by the employee only.

5.1.5 Extraordinary dependants: R103-00 per week, per extraordinary

dependant, payable by the employee only.

5.2 EXISTING MEMBERSHIP PRIOR TO 29 JUNE 2020 - FURNMED SICK

BENEFIT SOCIETY CONTRIBUTIONS (for the Free State Province ONLY)

5.2.1 Furnmed Sick Benefit Society contributions shall be payable to the

Council at the prescribed rates by the employer and employee when

more than 20 hours’ wages per week are payable to an employee. To

determine the number of hours worked by the employee, the calculation

must include the ordinary hours worked by the employee as well as the

hours which would ordinarily have been worked by the employee on:

5.2.1.1 paid public holidays;

5.2.1.2 trade union representative leave days;

5.2.1.3 the first 3 days per annum of paid sick leave days on

condition that an acceptable medical certificate is presented

by the employee to his employer and that such sick leave

days do not fall on a Monday or a Friday or on the day before

or after a public holiday; and

5.2.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life

P a g e | 69

partner, employee’s parent, adoptive parent, grandparent,

child, adopted child, grandchild or sibling and upon

submission of the relevant death certificate by the employee

to his employer.

5.2.3 Member: R40-00 per week payable by the

employee and R30-50 per week per

employee, payable by the employer as a

medical allowance.

5.2.4 Adult dependants: R45-00 per week payable, per adult

dependant, payable by the employee only.

5.2.5 Minor dependants: R45-00 per week, per minor dependant,

payable by the employee only.

5.2.6 Extraordinary dependants: R96-00 per week, per extraordinary

dependant, payable by the employee

only.

5.3 EXISTING MEMBERSHIP PRIOR TO 29 JUNE 2020 - NUFAWSA SICK

BENEFIT SOCIETY (for all areas excluding the Free State Province)

5.3.1 NUFAWSA Sick Benefit Society contributions shall be payable to the

National Union of Furniture and Allied Workers of South Africa or their

nominated administrator at the prescribed rates by the employer and

employee when more than 20 hours’ wages per week are payable to

an employee. To determine the number of hours worked by the

employee, the calculation must include the ordinary hours worked by

the employee as well as the hours which would ordinarily have been

worked by the employee on:

5.3.1.1 paid public holidays;

5.3.1.2 trade union representative leave days;

5.3.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by the

employee to his employer and that such sick leave days do

not fall on a Monday or a Friday or on the day before or after a

public holiday; and

5.3.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

P a g e | 70

the relevant death certificate by the employee to his employer.

5.3.2 Member plus 1 to 3 dependants: R62-50 per week payable

by the

employee and

R30-50 per week per

employee payable by the employer as a

medical allowance.

5.3.3 4

and more dependants: R12-50 per week, per dependant,

payable by the employee only.

5.3.4 Extraordinary dependants: R92-00 per week, per extraordinary

dependant, payable by the employee

only.

5.4 EXISTING MEMBERSHIP PRIOR TO 29 JUNE 2020 - N

UFAWSA SICK

BENEFIT SOCIETY (FOR the Free State Province ONLY)

5.4.1 NUFAWSA Sick Benefit Society contributions shall be payable to the

National Union of Furniture and Allied Workers of South Africa or their

nominated administrator at the prescribed rates by the employer and

employee when more than 20 hours’ wages per week are payable to

an employee. To determine the number of hours worked by the

employee, the calculation must include the ordinary hours worked by

the employee as well as the hours which would ordinarily have been

worked by the employee on:

5.4.1.1 paid public holidays;

5.4.1.2 trade union representative leave days;

5.4.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by the

employee to his employer and that such sick leave days do

not fall on a Monday or a Friday or on the day before or after a

public holiday; and

5.4.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

the relevant death certificate by the employee to his employer.

5.4.2 Member plus 1 to 3 dependants: R17-50 per week payable

by the

employee and

R30-50 per week per

employee payable by the employer as

P a g e | 71

a medical allowance.

5.4.3 4

and more dependants:

R12-50 per week, per

dependant,

payable by the employee only.

5.4.4 Extraordinary dependants: R92-00 per week, per extraordinary

dependant, payable by the

employee only.

5.5 NEW MEMBERS FROM 29 JUNE 2020 - FURNMED SICK BENEFIT

SOCIETY CONTRIBUTIONS (for all areas excluding the Free State

Province)

5.5.1 Furnmed Sick Benefit Society contributions shall be payable to the

Council at the prescribed rates by the employee only when more than

20 hours’ wages per week are payable to an employee. To determine

the number of hours worked by the employee, the calculation must

include the ordinary hours worked by the employee as well as the hours

which would ordinarily have been worked by the employee on:

5.5.1.1 paid public holidays;

5.5.1.2 trade union representative leave days;

5.5.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by the

employee to his employer and that such sick leave days do

not fall on a Monday or a Friday or on the day before or after a

public holiday; and

5.5.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

the relevant death certificate by the employee to his employer.

5.5.2 Member: R88-00 per week payable by the

employee

only.

5.5.3 Adult dependants: R45-00 per week payable,

per

adult dependant, payable by the

employee only.

5.5.4 Minor dependants: R45-00 per week, per minor

dependant, payable by the

employee only.

P a g e | 72

5.5.5 Extraordinary dependants: R103-00 per week, per

extraordinary dependant, payable

by the employee only.

5.6 NEW MEMBERS FROM 29 JUNE 2020 - FURNMED SICK BENEFIT

SOCIETY CONTRIBUTIONS (for the Free State Province ONLY)

5.6.1 Furnmed Sick Benefit Society contributions shall be payable to the

Council at the prescribed rates by the employee only when more than

20 hours’ wages per week are payable to an employee. To determine

the number of hours worked by the employee, the calculation must

include the ordinary hours worked by the employee as well as the hours

which would ordinarily have been worked by the employee on:

5.6.1.1 paid public holidays;

5.6.1.2 trade union representative leave days;

5.6.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by the

employee to his employer and that such sick leave days do

not fall on a Monday or a Friday or on the day before or after a

public holiday; and

5.6.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

the relevant death certificate by the employee to his employer.

5.6.2 Member R70-50 per week payable by the

employee only.

5.6.3 Adult dependants: R45-00 per week payable, per adult

dependant, payable by the employee only.

5.6.4 Minor dependants: R45-00 per week, per minor dependant,

payable by the employee only.

5.6.5 Extraordinary dependants: R96-00 per week, per extraordinary

dependant, payable by the employee

only.

P a g e | 73

5.7 NEW MEMBERS FROM 29 JUNE 2020 – NUFAWSA SICK BENEFIT

SOCIETY (for all areas excluding the Free State Province)

5.7.1 NUFAWSA Sick Benefit Society contributions shall be payable to the

National Union of Furniture and Allied Workers of South Africa or their

nominated administrator at the prescribed rates by the employee only

when more than 20 hours’ wages per week are payable to an

employee. To determine the number of hours worked by the employee,

the calculation must include the ordinary hours worked by the employee

as well as the hours which would ordinarily have been worked by the

employee on:

5.7.1.1 paid public holidays;

5.7.1.2 trade union representative leave days;

5.7.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by the

employee to his employer and that such sick leave days do

not fall on a Monday or a Friday or on the day before or after a

public holiday; and

5.7.1.4 family responsibility leave days for the first 2 days only which

are related to the death of an employee’s spouse, life partner,

employee’s parent, adoptive parent, grandparent, child,

adopted child, grandchild or sibling and upon submission of

the relevant death certificate by the employee to his employer.

5.7.2 Member plus 1 to 3 dependants: R93-00 per week payable

by the

employee only

5.7.3 4

and more dependants: R12-50 per week, per dependant,

payable by the employee only.

5.7.4 Extraordinary dependants: R92-00 per week, per extraordinary

dependant, payable by the employee

only.

5.8 NEW MEMBERS FROM 29 JUNE 2020 – NUFAWSA SICK

BENEFIT (FOR the Free State Province ONLY)

5.8.1 NUFAWSA Sick Benefit Society contributions shall be payable to the

National Union of Furniture and Allied Workers of South Africa or their

nominated administrator at the prescribed rates by the employee only

when more than 20 hours’ wages per week are payable to an

employee. To determine the number of hours worked by the employee,

P a g e | 74

the calculation must include the ordinary hours worked by the employee

as well as the hours which would ordinarily have been worked by the

employee on:

5.8.1.1 paid public holidays;

5.8.1.2 trade union representative leave days;

5.8.1.3 the first 3 days per annum of paid sick leave days on condition

that an acceptable medical certificate is presented by

the employee to his employer and that such sick leave

days do not fall on a Monday or a Friday or on the day

before or after a public holiday; and

5.8.1.4 family responsibility leave days for the first 2 days only

which are related to the death of an employee’s spouse,

life partner, employee’s parent, adoptive parent,

grandparent, child, adopted child, grandchild or sibling

and upon submission of the relevant death certificate by

the employee to his employer.

5.8.2 Member plus 1 to 3 dependants: R48-00 per week payable

by the

employee only.

5.8.3 4

and more dependants: R12-50 per week, per dependant,

payable by the employee only.

5.8.4 Extraordinary dependants: R92-50 per week, per extraordinary

dependant, payable by the employee

only.

COUNCIL LEVIES

6.1

Council levies shall be payable to the Council at the prescribed rates by the

employer and employee when more than 1 hour or more wages per week are

payable to an employee. To determine the number of hours worked by the

employee, the calculation must include the ordinary hours worked by the

employee as well as the hours which would ordinarily have been worked by the

employee on:

6.1.1 paid public holidays;

6.1.2 trade union representative leave days;

6.1.3 the first 3 days per annum of paid sick leave days on condition that an

acceptable medical certificate is presented by the employee to his

employer and that such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday; and

P a g e | 75

6.1.4 family responsibility leave days for the first 2 days only which are related

to the death of an employee’s spouse, life partner, employee’s parent,

adoptive parent, grandparent, child, adopted child, grandchild or sibling

and upon submission of the relevant death certificate by the employee to

his employer.

6.2 The Council levies payable to the Council shall amount to:

6.2.1 From 29 June 2020 until 30 April 2021

R12-46 per week per employee payable by the employer and R12-46 per

week payable by the employee.

6.2.2 From the first full pay week of May 2021 until 30 April 2022

R13-21 per week per employee payable by the employer and R13-21 per

week payable by the employee.

6.2.3 From the first full pay week of May 2022 until 30 April 2023

R14-00 per week per employee payable by the employer and R14-00 per

week payable by the employee.

7. REGISTRATION FEE

Every employer who registers with this Council shall pay the following applicable

registration fee, per establishment upon registration:

0 employees R500-00

1 – 10 employees R600-00

11+ employees R700-00

8. DEATH AND DISABILITY SCHEME (D.D.S.) CONTRIBUTIONS AND PROVIDENT

FUND CONTRIBUTIONS IN RESPECT OF THE NEWLY EMPLOYED EMPLOYEE

CONCESSION

8.1. YEAR ONE to YEAR THREE: These D.D.S. contributions are exclusively

applicable to newly employed employees from year one to year three of

employment and shall be payable to the Council at the prescribed rates by the

employer only when more than 20 hours’ wages per week are payable to an

employee. To determine the number of hours worked by the employee, the

calculation must include the ordinary hours worked by the employee as well as

the hours which would ordinarily have been worked by the employee on:

8.1.1 paid public holidays;

8.1.2 trade union representative leave days;

P a g e | 76

8.1.3 the first 3 days per annum of paid sick leave days on condition that an

acceptable medical certificate is presented by the employee to his

employer and that such sick leave days do not fall on a Monday or a

Friday or on the day before or after a public holiday; and

8.1.4 family responsibility leave days for the first 2 days only which are related to

the death of an employee’s spouse, life partner, employee’s parent,

adoptive parent, grandparent, child, adopted child, grandchild or sibling

and upon submission of the relevant death certificate by the employee to

his employer.

8.2 The D.D.S. contributions for employees employed under the Newly Employed

Employee Concession (NEEC) payable to the Council shall amount to the

following:

8.2.1 YEAR ONE to YEAR THREE R10-46 per week per employee,

of employment payable by the employer ONLY.

8.2.2 YEAR FOUR of employment R13-25 per week payable by the

and onwards employee and R13-25 per week

payable by the employer (refer to

clause 9.3).

“8.3 Provident Fund contributions for employees employed under the Newly

Employed Employee Concession (NEEC) payable to the Council shall

amount to the following:

8.3.1 YEAR ONE of employment

ALL employees 3% of normal weekly wages from

the employee per week,

calculated on the establishment’s

normal ordinary hours of work per

week, plus an equal amount per

week from the employer.

8.3.2 YEAR TWO of employment

ALL employees 3% of normal weekly wages from

the employee per week,

calculated on the establishment’s

normal ordinary hours of work per

week, plus an equal amount per

week from the employer.

P a g e | 77

8.3.3 YEAR THREE of employment

ALL employees 3% of normal weekly wages from

the employee per week,

calculated on the establishment’s

normal ordinary hours of work per

week, plus an equal amount per

week from the employer.

8.3.4 YEAR FOUR of employment

ALL employees 6% of normal weekly wages

from the employee per

week, calculated on the

establishment’s normal

ordinary hours of work per

week, plus an equal amount

per week from the employer.

9. STANDARD DEATH AND DISABILITY SCHEME (STANDARD D.D.S.)

CONTRIBUTIONS

9.1 The contributions for the standard D.D.S. shall be diverted from the employee’s

weekly prescribed Provident Fund contributions as well as from the employer’s

weekly prescribed Provident Fund contributions;

9.2 The abovementioned contributions for the standard D.D.S. shall provide for

funeral, death and disability benefits for Industry employees, by means of an

insurance premium, if applicable, and the D.D.S. administration costs;

9.3 An amount of R13-25 per employee per week as well as an amount of R13-25

per employer per week shall be diverted from their Provident Fund contributions

for the purposes of this Scheme.

10. DEATH AND DISABILITY SCHEME (D.D.S.) CONTRIBUTIONS IN RESPECT OF THE

NEWLY ESTABLISHED SMALL EMPLOYER CONCESSION

10.1 The D.D.S. contributions for employees employed under the Newly Established

Small Employer Concession (NESEC), payable to the Council, shall amount to

the following:

PHASE ONE and PHASE TWO R10-46 per week per employee,

payable by the employer ONLY.

P a g e | 78

ADDENDUM 2

PRESCRIBED ACROSS THE BOARD INCREASES OF ACTUAL HOURLY RATES OF PAY,

MINIMUM HOURLY RATES OF PAY AND SUBSISTENCE ALLOWANCE (for all areas

excluding the Free State Province)

1. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks from 29 June 2020 as determined by the Minister of Employment and Labour

(for all areas excluding the Free State Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks from 29 June 2020 as

determined by the Minister of

Employment and Labour (for all

areas excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

6.5%

increase of actual hourly rate of

pay, subject to the offset in clause

1.2 below.

Semi-skilled employee

6.5%

increase of actual hourly rate of

pay

Skilled employee

6.5%

increase of actual hourly rate of

pay

Chargehand

6.5%

increase of actual hourly rate of

pay

Foreman/Supervisor

6.5%

increase of actual hourly rate of

pay

1.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

P a g e | 79

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for the

applicable occupation skills level.

1.2 General Workers: The across the board increase from 29 June 2020 as determined by

the Minister to be offset against the national minimum wage increases already

implemented on 1 March 2020, for such general workers.

2. Prescribed minimum hourly rates of pay effective for 52 weeks from 29 June 2020 as

determined by the Minister of Employment and Labour (for all areas excluding the Free

State Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks from 29 June 2020 as

determined by the Minister of

Employment and Labour (for all

areas excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

R20-76 per hour

Effective from 1 March 2020 as

per national minimum wage

Semi-skilled employee

R23-59 per hour

Skilled employee

R24-98 per hour

Chargehand

R26-95 per hour

Foreman/Supervisor

R26-95 per hour

2.1 In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 80

3. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2021 – subject

to Addendum 4 (for all areas excluding the Free State Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2021 – subject to

Addendum 4 (for all areas

excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

increase of actual hourly rate of

pay, subject to the offset in

clause 3.2 and subject to clause

3.3 below.

Semi-skilled employee

increase of actual hourly rate of

pay, subject to clause 3.3 below.

Skilled employee

increase of actual hourly rate of

pay, subject to clause 3.3 below.

Chargehand

increase of actual hourly rate of

pay, subject to clause 3.3 below.

Foreman/Supervisor

increase of actual hourly rate of

pay, subject to clause 3.3. below.

3.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for

the applicable occupation skills level.

P a g e | 81

3.2 General Workers: The across the board increase from the first full pay week in May

2021 to be offset against the national minimum wage increases when implemented

earlier in 2021, for such general workers.

3.3 Increase Threshold

3.3.1 A wage threshold of 40% above any minimum prescribed hourly rate of pay is

implemented as from the first full pay week in May 2021, provided that the

employee who is already earning a wage above the threshold will only receive

the across the board increase minus 1.5%.

3.3.2 In the event that an employee earns above the threshold if the full across the

board increase is to be awarded, such employee may not be awarded the full

across the board increase, but shall receive an increase up to the threshold or

the across the board increase minus 1.5%, whichever is the greater.

4. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2021 (for all areas excluding the Free State

Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2021 (for all

areas excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

As per the national minimum

wage rate increase

Semi-skilled employee

R24-77 per hour

Skilled employee

R25-98 per hour

Chargehand

R28-03 per hour

Foreman/Supervisor

R28-03 per hour

4.1. In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 82

5. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2022 – subject

to Addendum 4 (for all areas excluding the Free State Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2022 – subject to

Addendum 4 (for all areas

excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

increase of actual hourly rate of

pay, subject to the offset in

clause 5.2 and subject to clause

5.3 below.

Semi-skilled employee

increase of actual hourly rate of

pay, subject to clause 5.3 below.

Skilled employee

increase of actual hourly rate of

pay, subject to clause 5.3 below.

Chargehand

increase of actual hourly rate of

pay, subject to clause 5.3 below.

Foreman/Supervisor

increase of actual hourly rate of

pay, subject to clause 5.3 below.

5.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for

the applicable occupation skills level.

P a g e | 83

5.2 General Workers: The across the board increase from the first full pay week in May

2022 to be offset against the national minimum wage increases when implemented,

earlier in 2022, for such general workers.

5.3 Increase Threshold

5.3.1 A wage threshold of 40% above any minimum prescribed hourly rate of pay is

implemented as from the first full pay week in May 2022, provided that the

employee who is already earning a wage above the threshold will only receive

the across the board increase minus 1.5%.

5.3.2 In the event that an employee earns above the threshold if the full across the

board increase is to be awarded, such employee may not be awarded the full

across the board increase, but shall receive an increase up to the threshold or

the across the board increase minus 1.5%, whichever is the greater.

6. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2022 (for all areas excluding the Free State

Province):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2022 (for all

areas excluding the Free State

Province)

Furniture,

Bedding and

Upholstery

General worker

As per the national minimum

wage rate increase

Semi-skilled employee

R26-01 per hour

Skilled employee

R27-02 per hour

Chargehand

R29-15 per hour

Foreman/Supervisor

R29-15 per hour

6.1. In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 84

7. Subsistence allowance (for all areas excluding the Free State Province)

A minimum subsistence allowance of R80-00 per night is payable.”.

ADDENDUM 3

PRESCRIBED ACROSS THE BOARD INCREASES OF ACTUAL HOURLY RATES OF PAY,

MIMIMUM HOURLY RATES OF PAY AND SUBSISTENCE ALLOWANCE (for

the Free State Province ONLY)

“

1. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks from 29 June 2020 as determined by the Minister of Employment and Labour

(for the Free State Province ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks from 29 June 2020 as

determined by the Minister of

Employment and Labour (for

the Free State Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

6.5%

increase of actual hourly rate of

pay, subject to the offset in

clause 1.2 below.

Semi-skilled employee

6.5%

increase of actual hourly rate of

pay

Skilled employee

6.5%

increase of actual hourly rate of

pay

Chargehand

6.5%

increase of actual hourly rate of

pay

Foreman/Supervisor

6.5%

increase of actual hourly rate of

pay

P a g e | 85

1.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for

the applicable occupation skills level.

1.2 General Workers: The across the board increase from 29 June 2020 as determined by

the Minister to be offset against the national minimum wage increases already

implemented on 1 March 2020.

2. Prescribed minimum hourly rates of pay effective for 52 weeks from 29 June 2020 as

determined by the Minister of Employment and Labour (for the Free State Province

ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks from 29 June 2020 as

determined by the Minister of

Employment and Labour (for

the Free State Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

R20-76 per hour

Semi-skilled employee

R21-32 per hour

Skilled employee

R23-85 per hour

Chargehand

R25-58 per hour

Foreman/Supervisor

R25-58 per hour

2.1. In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 86

3. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2021 – subject

to Addendum 4 (for the Free State Province ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2021 – subject to

Addendum 4 (for the Free State

Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

increase of actual hourly rate of

pay, subject to the offset in

clause 3.2 and subject to clause

3.3 below.

Semi-skilled employee

increase of actual hourly wage,

subject to clause 3.3 below.

Skilled employee

increase of actual hourly rate of

pay, subject to clause 3.3 below.

Chargehand

increase of actual hourly rate of

pay, subject to clause 3.3 below.

Foreman/Supervisor

increase of actual hourly rate of

pay, subject to clause 3.3 below.

3.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for

the applicable occupation skills level.

P a g e | 87

3.2 General Workers: The across the board increase from the full pay week in May 2021

to be offset against the national minimum wage increases when implemented earlier in

2021, for such general workers.

3.3 Increase Threshold

3.3.1 A wage threshold of 40% above any minimum prescribed hourly rate of pay is

implemented as from the first full pay week in May 2021, provided that the

employee who is already earning a wage above the threshold will only receive

the across the board increase minus 1.5%.

3.3.2 In the event that an employee earns above the threshold if the full across the

board increase is to be awarded, such employee may not be awarded the full

across the board increase, but shall receive an increase up to the threshold or

the across the board increase minus 1.5%, whichever is the greater.

4. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2021 (for the Free State Province ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2021 (for the Free

State Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

As per the national minimum

wage rate increase

Semi-skilled employee

R22-39 per hour

Skilled employee

R24-80 per hour

Chargehand

R26-60 per hour

Foreman/Supervisor

R26-60 per hour

4.1. In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 88

5. Prescribed across the board increases of actual hourly rates of pay effective for 52

weeks for parties and non-parties from the first full pay week in MAY 2022 – subject

to Addendum 4 (for the Free State Province ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed across the board

increases of actual hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2022 – subject to

Addendum 4 (for the Free State

Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

increase of actual hourly rate of

pay, subject to the offset in

clause 5.2 and subject to clause

5.3 below.

Semi-skilled employee

increase of actual hourly wage,

subject to clause 5.3 below.

Skilled employee

increase of actual hourly rate of

pay, subject to clause 5.3 below.

Chargehand

increase of actual hourly rate of

pay, subject to clause 5.3 below.

Foreman/Supervisor

increase of actual hourly rate of

pay, subject to clause 5.3 below.

5.1 In the event that employees who received the across the board wage increases still

receive hourly rates of pay less than the minimum hourly rates of pay of their respective

occupation skills levels, these employees must receive an additional adjustment of their

hourly rates of pay to be at least that of the minimum prescribed hourly rate of pay for

the applicable occupation skills level.

P a g e | 89

5.2 General Workers: The across the board increase from the first full pay week in May

2022 to be offset against the national minimum wage increases when implemented

earlier in 2022, for such general workers.

5.3 Increase Threshold

5.3.1 A wage threshold of 40% above any minimum prescribed hourly rate of pay is

implemented as from the first full pay week in May 2022, provided that the

employee who is already earning a wage above the threshold will only receive

the across the board increase minus 1.5%.

5.3.2 In the event that an employee earns above the threshold if the full across the

board increase is to be awarded, such employee may not be awarded the full

across the board increase, but shall receive an increase up to the threshold or

the across the board increase minus 1.5%, whichever is the greater.

6. Prescribed minimum hourly rates of pay effective for 52 weeks for parties and non-

parties from the first full pay week in MAY 2022 (for the Free State Province ONLY):

Sector

Occupation Skills Level

Occupation

Skills Level

Code

Prescribed minimum hourly

rates of pay effective for 52

weeks for parties and non-

parties from the first full pay

week in MAY 2022 (for the Free

State Province ONLY)

Furniture,

Bedding and

Upholstery

General worker

As per the national minimum

wage rate increase

Semi-skilled employee

R23-51 per hour

Skilled employee

R25-79 per hour

Chargehand

R27-66 per hour

Foreman/Supervisor

R27-66 per hour

6.1. In the event that the Government implements any amendments to the national

minimum hourly rate of pay and the hourly rates of pay of the employees above are

below the national minimum hourly rate of pay, such hourly rates of pay shall be

adjusted to the national minimum hourly rate of pay in accordance with the

implementation date of such.

P a g e | 90

7. Subsistence Allowance (for the Free State Province Only)

A minimum subsistence allowance of-

3.1 R160-00 per day is payable, where the employee pays for his own food and

accommodation;

3.2 R65-00 per day is payable, where the employer pays for the employee’s

accommodation only.”.

ADDENDUM 4

1. INFLATION PARAMETERS – ACROSS THE BOARD WAGE INCREASES OF ACTUAL

HOURLY RATES OF PAY EFFECTIVE FROM THE FIRST FULL PAY WEEK IN MAY

2021 AND MAY 2022 IN RESPECT OF ADDENDUMS 2 AND 3

1.1 Across the board hourly wage rate increases of actual hourly wage rates

effective from the first full pay week of May 2021 and May 2022, shall be

applicable as reflected above, provided that the CPI rate for the year ending

February 2021 and February 2022 is not below 3% or above 8.5%.

1.2 If the official CPI rate for the year ending February 2021 and February 2022 is below

3%, the Employer party to this Agreement may request to renegotiate the across the

board hourly wage rate increases and if it is above 8.5%, the Trade Union parties

may request to renegotiate the across the board hourly wage rate increases for the

periods effective from the first full pay week of May 2021 and/or the first full pay week

of May 2022, provided that such requests must be submitted to reach the other

parties by not later than 15 March of the applicable year.

P a g e | 91

ANNEXURE A

AGREEMENT ON PICKETING

Made and entered into by and between:

_______________________________________________________________

(the Employer Association)

and

____________________________________________________________

(the Union)

____________________________________________________________

(the Union)

1. OBJECTIVE

1.1 The picketing rules are intended to regulate the relationship between

management and its employees and the union during the course of a legal

picket. The parties accept the conventions of collective bargaining and that

union members and supporters / employees in the bargaining unit may wish

to picket peacefully in support of any protected strike or in opposition to any

lockout.

1.2 These rules are intended to facilitate peaceful picketing at company premises

in the designated areas indicated before picketing commences and must be

followed without exception by all parties. Any indulgence or departure from

these rules, which may be granted from time to time, shall be reduced to

writing and shall in no way constitute a permanent waiver or amendment of

these rules.

1.3 The Union and the Employer ("the Parties") expressly agree to the picketing

rules contained herein which will find application at all places of business

where the Employer operates.

1.4 This agreement will also be binding on any members, employees and/or

supporters who seek to exercise any of the rights conferred by Part A of the

Labour Relations Act 66 of 1995 ("LRA") or any other rights recognised in

law.

P a g e | 92

1.5 The Parties agree to Section 69 of the Labour Relations Act 66 of 1995

("LRA") as amended from time to time, including the Code of Good Practice

on Picketing as contained in Part B of the LRA.

1.6 These picketing rules shall apply for the duration of any future protected / un-

protected industrial action and the Parties agree that where the word

picketing or picketer appears, that this will also apply to strike, striker or

striking employee.

2. NOTICE: OFFICIALS AND PICKETING

2.1 A convener(s) (appointed by the union) will oversee the picketing. A

convener must be a member or an official of the union. This person should,

at all times, be in possession of a copy of this signed agreement.

2.2 The union will endeavour to appoint sufficient picketing marshals to monitor

and control the pickets. Marshals should have the contact details of the

convener, the trade union office and any persons appointed to oversee the

picket, in the absence of the convener. The marshals should be clearly

identified as marshals. The union shall ensure that the marshals and the

shop stewards are aware of applicable law; any agreed picketing provisions

and the steps to be taken to ensure that the picket is conducted peacefully.

2.3 Marshals shall, as far as possible, be appointed from amongst the employee

representatives of a specific site where the Company operates if picketing

takes place at that site’s premises.

2.4 The convener (the person nominated by the trade union) or the union must

notify the company in writing of an intended picket at any of its premises or

sites where the Company performs its work at least 48 hours before such

picketing commences.

2.5 The notice should contain the following information:

Commencement of the picket:

Date of intended picketing: _____________________________

Commencement Time: ______________________________

Union(s) involved: _________________________________________________

__________________________________________________

P a g e | 93

Name of union official(s) in charge: ___________________________________

________________________________________________________________

Union Tel No: __________________________

Union Fax No: __________________________

Name of convener(s) in charge: _____________________________________

_______________________________________________________________

Tel No: ________________________

Name of premises or site(s) where picketing is contemplated:

________________________________________________________________

Address of venue (other than a company’s premises) where picketing is intended, if any:

________________________________________________________________

2.6 The company and the Association will notify the union of the name and

contact details of the company and Association's representative(s) who will

be responsible for communication with the convener or the marshals and the

employee representatives, at the company should the need arise.

2.7 In the event that any meetings are required between the parties in paragraph

2.5 above, at least two (2) of the employee representatives must be present

at the meeting as employee representatives shall remain responsible to:

 Act as representatives of picketing employees

 Maintain order amongst picketing employees

 Assist with communication between company representatives, the union

and employees.

3. PICKETING AREAS AND ACCESS

3.1 Access to a company’s premises and demarcated picketing areas shall,

where necessary, be determined by parties’ members at site level before

such picketing commences.

P a g e | 94

3.2 The employer will ensure that toilet facilities and access to drinking water is

available to picketing participants at the onset of the picket whether the

demarcated picketing area is on or outside the company premises.

3.3 Access to the employer’s premises shall be limited to the employees and

labour ordinarily employed and/or working at such premises.

3.4 If the only sanitary and or drinking water facilities available are on the

Employer’s premises, management will control access to the facilities, the

latter which will include, but not be limited to, determining the number of

participants who may at any one time have access to the premises, the

facilities that may be used, as well as the area / pathway that may be

accessed. The participants will be obliged to behave in an orderly and lawful

manner while using such facilities and will not in any way disrupt any

business operations.

3.5 All participants in the picket who enter and leave the premises for the

purpose of accessing the abovementioned facilities may be searched. Those

who unreasonably refuse to be searched shall not be granted access to the

facilities.

4. CONDUCT OF PICKETERS /EMPLOYER

Picketing shall be subject to the following:

4.1 Placards and banners may be carried and chanting, singing, as well as

dancing may take place, provided that this does not infringe any law,

intimidate any person or interfere with the company’s business operations.

4.2 It shall be confined to areas demarcated for such.

4.3 Picketers shall not, whether on or off company premises:

4.3.1 Disrupt or attempt to disrupt ongoing operations of the company, nor

hinder, harm or intimidate non-striking employees, other employees or

persons associated with the company.

4.3.2 Hinder or damage any company property or machinery or vehicles or

that of any supplier or customer of the company.

4.3.3 Hinder or harm or interfere with any vehicle entering or leaving the

company’s premises or in any other way going about the lawful

business of the company on any public or private road.

P a g e | 95

4.3.4 Hinder, harm, threaten, intimidate or interfere with supplies to

customers and neighbours of the company.

4.3.5 Consume, or be in possession of, or be intoxicated by alcohol or other

forms of drugs. No intoxicated employee or employee suspected of

being intoxicated shall be given access to the premises of the

company or operating site.

4.3.6 Carry or be in possession of any form of weapon or potential weapon

whilst picketing.

4.3.7 Commit any action that may be unlawful, including but not limited to

any action which is, or may be perceived to be violent.

4.4 All picketing employees shall, at all times, be subject to the disciplinary

procedures, rules and policy of the company.

4.5 Picketers may be addressed by Union Officials.

4.6 The Employer must:

4.6.1 Receive memoranda when invited to do so by a Union.

4.6.2 Prior to or at the onset of the picketing, liaise with one or more of the

participant’s available representatives who are designated as the

convener, marshals, shop stewards and union officials to ensure

compliance with this agreement.

4.7 The Employer may not:

4.7.1 Directly or indirectly hinder the conduct of a lawful picket.

4.7.2 Intimidate, threaten or otherwise undermine any employee’s right to

participate in the picket.

4.7.3 Take disciplinary action against an employee for participating in a

lawful picket.

5. FREEDOM OF ASSOCIATION

5.1 The decision to picket or not, shall be the free and unfettered decision of

each employee.

6. IMPLEMENTATION

6.1 The picketing rules shall come into effect after the 48 hour strike notice

expires, and from when the strike action in fact commences, whichever

occurs first.

P a g e | 96

6.2 The Parties will each take reasonable and effective steps to ensure full

compliance with this Agreement and furthermore to ensure that there are no

acts in breach thereof.

7. ENFORCEMENT OF THIS AGREEMENT

7.1 The parties agree that each will take prompt reasonable and effective steps

to ensure the preservation of the letter and spirit of this agreement and that

they will act either unilaterally or when called upon to do so, to prevent any

acts in breach of this agreement and to act swiftly and decisively to discipline

any person who interferes with the orderly conduct of the picket, any peaceful

picketing or the conduct of the company’s lawful business.

8. DISPUTES

8.1 In the event of a dispute arising over compliance with the terms of this

agreement, the marshals appointed in terms of this agreement above and the

Union office bearers in charge of the picket shall meet with representatives of

the Employer in an endeavour to resolve the dispute, immediately at the site

of dispute.

8.2 If the cause for the breach is not removed within a reasonable time, the

offended party including any person in control of, or who owns the area from

which the Employer or its Client operates, will have the right to approach the

CCMA in terms of Section 69(8) of the LRA for determination, or take such

other action as may be available to it.

8.3 Nothing in this agreement shall limit the right of either Party to take action in

accordance with it in terms of the LRA, or any other relevant law, or to

approach the Court urgently or otherwise for appropriate relief including a

prayer to suspend the picket or strike due to its non-compliance with this

agreement.

9. GENERAL

9.1 No relaxation or indulgence which either party may show to the other shall in

any way prejudice or be deemed to be a waiver of the rights in terms of this

contract. Such relaxation or indulgence shall also not preclude any party

from exercising their rights in terms of this agreement in respect of any

continued or future breach.

P a g e | 97

9.2 It is expressly stated that this agreement comprises the total agreement

between the parties and that unless any amendment, addition thereto or

consequential cancellation thereof, is not reduced to writing and signed by

the relevant parties, it will be deemed to be null and void.

Signed on this _______ day of _____________ 2020 at ___________________ _______

_______________________ __________________________ ___

FOR: The Association Witness

________________________ ______________________________

FOR: The Union Witness

________________________ ______________________________

FOR: The Union Witness

---oooOooo

Agreement signed at Johannesburg on this 19

day of November 2019.

L DIRKSEN

Chairman of the Council

P NTIMANE

Vice-Chairman of the Council

WA JANSE VAN RENSBURG

General Secretary