The collective agreement signed in Johannesburg on 14 August 2019 is attached to the notice. This is why all employers in the sector must comply with this agreement as of that date. This means that the conditions are binding for the parties who have entered into the collective agreement and for other employers and workers in this sector. The NBCRFLI consists of the Association of Road Freight Employers and a number of unions representing the interests of workers. NBCRFLI has entered into several agreements that engage its members. These agreements are: All companies that are related to the transportation of goods by transporting force for rent or reward are affected by the NBCRFLI agreements. The definition of “goods” is not limited to sand, soil and stone. The collective agreement will enter into force on the second Monday following the date of publication of this notice and for the period up to February 28, 2022. An employment contract (whether concluded before or after the opening date of the collective agreement) must not allow for less favourable treatment than that provided for by the collective agreement or a waiver of the provisions of the collective agreement. If an employment contract attempts to allow less favourable treatment than that prescribed by the collective agreement, or a waiver of the application of the provisions of the collective agreement may lead to the invalidation of the contract or the objection clauses. As a result, the employment relationship will be governed by NBCRFLI`s main collective agreement.
As a result, the conditions of cooperation between the employer and the worker will no longer be the same as originally envisaged. The provisions of an employment contract that provide for such a prohibited agreement are not valid.  Labour Relations Act 66 of 1995 (`LRA`) provides that in the event of a conflict between the employment contract and the collective agreement, a collective agreement varies from one employment contract between the worker and the employer, both of which are bound by the collective agreement.  In an industry based on careful planning, an employer running a business cannot afford to be blinded by the risks of non-compliance. . What are the essential aspects of the working relationship in the main collective agreement? Friendly greetings Jaco Swart National Collective Bargaining Coordinator What does this mean for the private employment contract between employer and worker? Can the parties “calculate” the main collective agreement? What are the consequences of non-compliance with the main collective agreement? . On March 15, 2019, the Ministry of Labour renewed the main collective agreement of the National Collective Agreement for the Trucking and Logistics Industry effective March 25, 2019. ROAD FREIGHT COUNCIL MAIN COLLECTIVE AGREEMENT EXTENDED Employers who need assistance with waiver applications can contact their regional neas office for assistance. You are not yet a LabourNet customer, but you want to know more about our service and our products? The National Bargaining Council for the Road Freight and Logistics Industry NBCRFLI has extended the duration of the dispute settlement agreement, with the exception of adverse consequences, which may have non-compliance with the management of a business, may also lead to the company being sanctioned by a compliance order, to incur severe penalties such as heavy penalties (up to 200% of the initial capital) , trade sanctions or criminal prosecutions, and a loss of lucrative opportunities and reputational problems. If you work in the trucking and logistics sector, you are bound by the main collective agreement and you cannot legally “withdraw it”.