JOINT PRACTICE COMMITTEE
CAPE INSTITUTE OF ARCHITECTURE
SOUTH AFRICAN PROPERTY OWNERS’ ASSOCIATION
ASSOCIATION OF SOUTH AFRICAN QUANTITY SURVEYORS
SOUTH AFRICAN ASSOCIATION OF CONSULTING ENGINEERS
MASTER BUILDERS & ALLIED TRADES ASSOCIATION, W.CAPE
PRACTICE NOTE 12 / 2011
COMPLIANCE OF CONTRACTORS WITH THE STATUTORY WAGE AGREEMENTS IN FORCE IN THE BUILDING INDUSTRY BARGAINING COUNCIL CAPE OF GOOD HOPE.
EMPLOYMENT OF NON-REGISTERED AND NON-COMPLIANT CONTRACTORS WITH THE STATUTORY REQUIREMENTS OF THE BIBC WHEN CALLING FOR TENDERS INTHE FOLLOWING AREAS OF JURISDICTION OF THE COUNCIL.
The Collective Agreementis negotiated between the employer and employee parties on an annual basis and once signed, is normally gazetted by the Minister with effect from 01 November each year. Thereafter, all persons engaged in the building industry within the above demarcated areas of the Building Industry Bargaining Council (BIBC) are required to comply with the terms of the collective agreement, whether they were signatories to the agreement or not. Although the BIBC is a creature of statute, it is not sponsored by the State and it is funded by levies paid equally by employers and employees.
The Joint Practice Committee does not endorse the use of non-compliant contractors tendering or being awarded contracts in competition with compliant contractors.
The Joint Practice Committee endorses the statutory obligations of contractors to pay a fair wage and to compete fairly, and equally endorses the moral obligation of Clients in the industry to insist that workers employed on their projects are paid in terms of the minimum requirements of the BIBC agreement.
The Joint Practice Committee recognises that the BIBC Council is empowered to enforce compliance with the agreement by randomly checking on the status of workers employed on building projects.
Selective departure from the above recommendations pertaining to fair wage practice carries
a risk of parties not adhering to this note of being named and shamed and is therefore not
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