IN THE EXEMPTION APPLICATION OF:-

LOVEMORE BROS TRANSPORT Applicant

and

NATIONAL BARGAINING COUNCIL FOR THE

ROAD FREIGHT INDUSTRY (Council)Respondent

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D E C I S I O N

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This matter appeared on the agenda of the Exemptions meeting held on the 16thFebruary 2009.

Present on this day were:-

1.Adv. R. Rawat-Chairperson of the Exemption’s Body

2.Mr. Y. Nagdee-Member of the Exemption’s Body

3.Mr. T. ShortRoad Freight Employers Association

4.Mr. G. Van Niekerk(RFEA)

5.Mr. J. GamedeUnion (SATAWU)

6.Mr. D. Zondani-Union (PTWU)

7.Mr. D. Zulu-Union (TAWUSA)

8.E. FourieUnion (MTWU)

9.J. Gys

The Application for Exemption reads:-

“We hereby appeal for exemption of our artisans and operators from the NBCRFI. This means we do not wish for them to appear on the returns in any way. Artisans and operators are the “crew leaders” for each team of semi-skill riggers.”

“1.The machine moving and rigging industry is unique within the transport sector.

2.We undertake “contracts” whereby we are responsible for the full work spectrum of:

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a)disconnect machinery;

b)dismantle machinery;

c)“rig-out” machinery from the factory;

d)load machinery onto crane trucks and lowbeds;

e)driver the trucks to the other side whether it be next door or in JHB;

f)off load the machinery;

g)“rig-in” the machinery;

h)assemble the machinery;

i)connect the machinery;

3.As such, our artisans and operators are multi-skilled and not “drivers”!

4.They are essentially supervisors with many skills. They organise their crews, operate the cranes, drive the trucks, work the rigging gear, operate tools, etc.

5.They are also paid accordingly and know their rates of pay have no relationship to the categories listed with the NBCRFI.”

Mr Mndaweni’s representative for the Secretariat of the NBCRFI (Council) requested that the matter be dismissed as rigging is the core business of the Applicant and it is inevitable that in the course and scope of its business, there is transporting of goods.

The Exemptions Body however, is of the view that the Applicant be invited in writing as well as in person, to elucidate on its operation in detail providing relevant facts, figures, so as to enable the Exemptions Body to have a clearer picture of the matter.

The Secretariat of Council is to also send out an experienced agent to investigate the operations of the Applicant and it to submit a written report to the Exemptions Body within 2 months of receipt of this decision.

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DATED THE ____ DAY OF ______2009 AT BRAAMFONTEIN, JOHANNESBURG.

ADV. R. RAWATMR. Y. NAGDEE

Chairperson of theI agree

Exemption Body