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

Notices

Bargaining Council for the Building Industry

North and West Boland

Extension of Collective Agreement to non-parties

22. General

 

(1) Exhibition of Agreement
(a) The parties agree that the English version of this Agreement shall determine the meaning and intention of the parties.
(b) Copies of this agreement, in English, shall be available for inspection by any person during working hours at the offices of the Council.
(c) The first copy of this Agreement is freely available. The second copy will be available at R5,00 per copy.
(d) Each party to this Agreement shall receive two free copies of the Agreement and Constitution.

 

(2) Value Added Tax

All monetary values quoted in this Agreement, except for the monetary values quoted in clause 19, which are inclusive of value-added tax, are exclusive of value-added tax.

 

(3) Shelter and ablution facilities
(a) At any site where building operations are being carried out employers shall provide suitable accommodation—
(i) to serve as shelter for employees during wet weather; and/or
(ii) to serve as a change room: Provided that the provisions of this clause shall not apply to jobbing work and on sites where fewer than ten (10) employees are employed or where the circumstances peculiar to the site or the nature of the work in progress do not permit accommodation for a change room.
(b) Such accommodation shall be any lockable shed, room or similar place constructed of walls and a roof composed of concrete, brickwork, wood, iron or any combination thereof or any other material approved by the Council, the whole to be so constructed as to provide a place for employees to change their clothes, to wash and to take shelter.
(c) Such accommodation shall include clothes lockers or similar lock-up facilities in which employees can safely store changes of clothing and other personal possessions while at work.
(d) An employer shall provide proper and adequate sanitary accommodation on each job, which shall at all times be maintained in a hygienic and proper condition, and shall further conform to the legislation of the local authority in whose area the job is situated.

 

(4) Trade union access

Officials of the trade union party to this Agreement shall in the ordinary course of their duties have access to building sites and workshops during working hours, but shall not be allowed to interfere with the continued performance of work by or approach any employee without the prior consent of the employer or his duly authorized representative, which consent shall not unreasonably be withheld.

 

(5) Contracts of employment
(a) A contract of employment, whether concluded before or after the coming into operation of this Agreement, may not permit an employee to be paid remuneration that is less than that specified by this Agreement, or permit an employee to be treated in a manner, or to be granted any benefit, that is less favourable than that specified by this Agreement, or to waive the application of any provision of this Agreement.
(b) A provision in any contract that purports to permit or grant any payment, treatment, benefit, waiver or exclusion prohibited by subclause (5)(a) shall be invalid.

 

(6) Agents and designated agents
(1)
(a) The Council may appoint one or more persons as an agent or agents to—
(i) assist in monitoring compliance with this Agreement and enforce compliance with it;
(ii) endeavour to prevent disputes taking place between employees and their employers;
(iii) endeavour to settle disputes that have arisen between employees and their employers;
(b) An agent, subject to the written authorization of the Secretary and only in so far as these powers concern only persons who are working within the jurisdiction of the activities of the Council—
(i) enter any premises or place in which the industry is carried on at any time when he has reasonable cause to believe that any person is employed therein;
(ii) question, in the presence of or apart from others as he deem fit, any employer or employee regarding matters relating to this Agreement;
(iii) require the production of, inspect, examine or copy such books, time sheets, records or documents as may be necessary for ascertaining whether the provisions of this Agreement are being complied with.
(c) When exercising the powers conferred upon him by subclause (6)(b), an agent may be accompanied by an interpreter.
(d) Every employer who, or employers' organisation or trade union which is party to the Council and any person who is a member of such employers' organisation or trade union shall grant the agent ail facilities to enable him to exercise the powers conferred upon him in terms of subclause (6)(b) and (c).
(e) The Council may also apply to the Minister of Labour for an agent to be appointed as a designated agent.
(f) A designated agent appointed by the Minister in terms of section (33)(1) of the Act to attempt to resolve a dispute or to investigate any alleged contraventions and for the purpose of routine inspection to enforce compliance with this Agreement, may—
(i) subpoena for questioning any person who may give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute;
(ii) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the designated agent to be questioned or to produce that book, document or object;
(iii) administer an oath or accept affirmation from any person called to give evidence or to be questioned;
(iv) at any reasonable time, but only after obtaining the necessary written authorization—
(aa) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds of being there;
(ab) examine, demand the production of, or seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and
(ac) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement;
(ad) inspect and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by the designated agent.
(2) A subpoena issued or any purpose in terms of subclause (1) must be signed by the Secretary of the Bargaining Council and must—
(a) specifically require the person named in it to appear before the designated agent;
(b) sufficiently identify the book, document or object to be produced; and
(c) state the date, time and place at which the person is to appear.
(3) The written authorization referred to in subclause (1)(d)—
(a) if it relates to residential premises, may be given only by a judge of the labour Court, with due regard to section 14 of the Constitution, and then only on application by the designated agent setting out under oath or affirmation the following information:
(i) the nature of the dispute;
(ii) the relevance of any book, document or object on the premises;
(iii) the presence of any book, document or object on the premises; and
(iv) the need to enter, inspect or seize the book, document or object;
(b) in all other cases, may be given by the Secretary of the Council.
(4) The owner or occupier of any premises that a designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, must provide facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure.
(5) The appointed person must issue a receipt for any book, document or object seized in terms of subclause (1).
(6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce a book, document or object before a court of law, applies equally to the questioning of any person or to the production or seizure of any book, document or object in terms of this clause.
(7) The appointed person must pay the specified witness fee to each person who appears before him in response to a subpoena issued.
(8) A person commits contempt of the designated agent—
(a) if, after having been subpoenaed to appear before him, the person without good cause does not attend at the time and place stated in the subpoena;
(b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent;
(c) by refusing to take the oath or to make an affirmation as a witness when a designated agent so requires.
(d) by refusing to answer any question fully and to the best of that person's knowledge, subject to subsection (6);
(e) if the person, without good cause, fails to produce the book, document or object specified in the subpoena to a designated agent;
(f) if the person wilfully hinders a designated agent in performing any function conferred by and in terms of the Act;
(g) if the person insults, disparages or belittles a designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations;
(h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any offensive manner during those proceedings;
(i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court.
(9) A designated agent may refer any contempt to the Labour Court for an appropriate order.
(10) A designated agent may refuse to investigate a complaint submitted by an employee later than 17 weeks after the dispute had arisen: Provided that the employer of such employee be assessed for the full period of non-compliance, including interest in terms of this Agreement.
(11) A designated agent may refuse to investigate a complaint submitted by a trade union, if such trade union has not first attempted to settle the alleged dispute directly with the employer party.