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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council of SA Leather Industry

General Goods and Handbag Section

Collective Agreement

19. Agency Shop : Employer Organisation

 

(1) Every employer that belongs to the employer organisation shall pay a monthly membership fee as prescribed in subclause (3) below.

 

(2) Every employer that does not belong to the employer organisation shall pay a monthly levy as prescribed in subclause (3) below.

 

(3) The amount of the monthly membership fee or monthly levy shall be R200.00 per month per employer.

 

(4) Every employer shall pay the monthly amount to the Secretary of the Council, P O Box 3959, North End, P.E. 6056, before the 15th day of each month, together with an analysis of the amounts received.

 

(5) The Secretary of the Council shall deposit all monies received in terms of this clause into the Council’s account, and at the end of each month

 

(a) pay all membership fees received to the employer organisation, and—
(b) deposit all levies received into a separate account administered by the employer organisation.

 

(6) The monies held in the separate account may be used only for expenditure by the employer organisation on matters that relate to—

 

(a) collective bargaining;
(b) dispute resolution in the industry,

 

and may not be—

 

(c) paid to a political party as an affiliation fee; or
(d) contributed in cash or kind to a political party standing for election to any political office.

 

(7) The employer organisation party to this Agreement shall arrange for an annual audit of the separate account within six months of the end of its financial year by an auditor who shall –

 

(a) conduct the audit in accordance with generally accepted auditing standards;
(b) report in writing to the employer organisation and, in the report, express an opinion as to whether or not the employer organisation has complied with its constitution relating to financial matters and the provisions of subclause (6).

 

(8) The employer organisation shall submit to the Council, within 30 days of the receipt of the auditor’s report referred to in subclause (7), a certified copy of that report.

 

(9) Any person may inspect the auditor’s report submitted to the Council in terms of subclause (8) at the Council’s offices at 4th Floor, 320 West Street, West Street, Durban, 4001.

 

(10) The Council shall provide a certified copy of, or extract from, the Auditor’s Report to any person requesting such copy or extract.

 

(11) An employer who conscientiously objects to association with persons other than those who share his religious beliefs may apply for exemption from the provisions of this clause in terms of clause 23. Should such exemption be granted, the levies shall be paid into a separate fund administered by the Department of Labour in terms of section 25(4)(b) of the Act.

 

(12) Any dispute about the application, including enforcement or interpretation of the provisions of this clause shall be referred to the Council in terms of clause 24 of this Agreement.