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

Notices

Purchase

4.1	In terms of this agreement, Employers are required to deduct a trade union agency shop fee from the wages of an employee who is not a member of the trade union, but is eligible for membership thereof, provided that such employee is employed within the scope of this collective agreement.

4.2	Employees who are not members of the trade union are not compelled to become members of the trade union by virtue of the implementation of this collective agreement.

4.3	In terms of this collective agreement, the trade union agency shop fee payable will be equivalent to or less than:

4.3.1

the amount of the subscription payable by the members of the trade union;

4.3.2

if the subscription of the trade union is calculated as a percentage of an employee's salary, that percentage; or

4.3.3

if there are two or more registered trade unions party to the agreement, the highest amount of the subscription that would apply to an employee;

4.4	The trade union agency shop fee deducted from the employees, shall be paid by the employer to the trade union, into a separate account administered by the trade union by no later than the 15th day of each month that in which it became due.

4.5	No agency fee deducted shall be:—

(a)	paid to a political party as an affiliation fee;

(b)	contributed in cash or kind to a political party or a person standing for election to any political office; or

(c)	used for any expenditure that does not advance or protect the socio-economic interests of employees.

4.6	Despite the provisions of any law or contract, an employer may deduct the agreed agency fee from the wages of an employee, without the employee's authorisation.

4.7	Despite clause 4.4, a conscientious objector may request the employer to pay the amount deducted from that employee's wages into a fund administered by the Department of Labour.

4.8	The provisions of Sections 98 and 100(b) and (c) of the Labour Relations Act [as amended] shall apply, read with the changes required by the context relating to the separate account referred to in clause 4.4.

4.9	Any person may inspect the auditors' report in so far as it relates to an account referred to in clause 4.4, in the office of the Registrar of Labour Relations.

4.10	The Registrar of Labour Relations must provide a certified copy of, or extract from any of the documents referred to in clause 4.9 to any person who has paid the prescribed fees.

4.11	In the event that this agency shop agreement is terminated, the provisions of clause 4.4, 4.5 and 4.8 apply until the money in the separate account is spent.