COLLECTIVE BARGAINING AGREEMENT BETWEEN NU-TREAD AS "COMPANY” AND TRANSPORT & GENERAL WORKERS UNION AS ‘TRADE UNION REPRESENTING THE WORKERS” ON BASIC WAGE NEGOTIATION
1.0 Preamble:
1.1 Further to the negotiations conducted in good faith and every reasonable effort made to conclude a wage negotiation agreement, the parties have negotiated a one Year Agreement for the period 1st February 2016 to 31st January 2017.
1.2 The parties to this agreement have negotiated a wage increase of one year and the new basic wage rates shall be amended to certain conditions of employment are detailed below.
2.0 ENFORCEABILITY OF WAGE NEGOTIATION AGREEMENT:
2.1 The terms of the collective agreement shall be, deemed to be, and incorporated into the employment contract of each and every employee who is covered by the collective agreement.
2.2 Under the provisions of Section 33 (1 and 2) of the Labour Relations Act No 16 of 1996, the terms of this agreement are binding upon and shall be observed by:
(a) The parties to this agreement
(b) The employees who are or become members of a trade union party to the agreement to the extent that the agreement relates to them.
(c) The employer who is party to the agreement to the extent that the agreement is understood to its Senior Managers, Managers, Supervisors and any position which regarded as part of management.
3.0 NEW WAGE INCREASE ON DIFFERENT PERCENTAGE FROM PERIOD 1st FEBRUARY 2016 to 31st JANUARY 2017
3 1 The parties to this agreement have negotiated and agreed between 10% to the highest earners up to 40% to the lowest earners increase on basic wage to all the employees in different percentage and grades. The new rates from 1st February 2016 to 31st January 2017 as negotiated by the parties which reflect different percentage increase and rounded to the nearest 50 tambala.
3 2 The Company shall place each employee in a grade appropriate to his occupation and shatf pay a wage to such of atleast the amount prescribed in the wage structure. No employee shall accept and or be expected to accept a wage amounting to less than t amount so prescribed.
3.3 That House allowance, Meal allowance and Transport allowance shall be incorporated to basic wage, and this incorporation is with effect from 1st December 2015.
3.4 That apart from general increase to all staff, there shall be another increase which shall be based on each individual employee performance assessed by the Managing Director upon recommendation from the head of departments.
3 5 That upon the general wage increase that the parties negotiated, they further agreed business performance improves in three to five months from the date of this agreement, the parties shall sit for the wage negotiation meeting so that it increase the wages accordingly
5.O DURATION OF THE AGREEMENT
5.1 The basic wage negotiation agreement will be binding from 1st February 2016 to 31- January 2017. Any changes to this agreement shall be put in writing and signed by both parties.
6.0 GOVERNMENT GAZETTE ON MINIMUM WAGE AND AMENDMENT OF THE EMPLOYMENT ACT
6.1 The parties agreed that any change of minimum wage by government gazette and any amendment of employment act where its changes is better than what it has negotiated into this agreement, then that change shall automatically supersede this undersigned agreement.
9.0 DECLARATION
The Nu-Tread Limited as the Company and the Transport & General Workers Union as a Trade union, representing all employees in the bargaining unit of the Company, having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at and effective from the 1st February 2016 to 31 January 2017 affix their signatures hereto.
SIGNED
Managing Director of Nu-Tread Limited
Witness
General Secretary of TGWU
Witness
Date: 23/02/2016.
