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

Notices

Bargaining Council for the Furniture Manufacturing Industry

Extension to Non-Parties of the Main Collective Agreement

Chapter 2: Council Benefit Funds

5. Administration of the Council Benefit Funds/Schemes

 

5.1 The Council and/or Board of Trustees and/or Committee(s) referred to in this chapter shall have the right to appoint administrators, consultants and/or advisors for their Funds/Schemes.

 

5.2 The Council or Board of Trustees of the Funds/Schemes shall consist of 50% delegates or trustees nominated by the trade union/s concerned and of 50% delegates or trustees nominated by the employers' association/s concerned. Designated alternates may stand in for absent trustees.

 

5.3 The Funds/Schemes may be administered by the office of the Council or an external administrator partly or in toto in terms of a service level agreement. The provisions of the Council's Constitution relating to the election of a chairman and vice-chairman, their period of office and the calling and conducting of meetings of the Council and the right of alternates to stand in for representatives, shall mutatis mutandis apply in the case of a committee.

 

5.4 The Funds/Schemes shall be administered in accordance with rules specified for this purpose either by the Council or by a Board of Trustees with the approval of the Financial Services Conduct Authority where necessary and such rules shall not be inconsistent with the provisions of any Collective Agreement, the Act, or any other law and shall, inter alia, specify—
5.4.1 the Funds/Schemes benefits and the expected qualifications attached thereto;
5.4.2 the procedure for lodging and payment of claims and/or benefits; or
5.4.3 any other matters which the Council or the Board of Trustees may decide.

 

5.5 The Council shall appoint a General Secretary who may appoint other staff as deemed necessary for the proper administration of the Funds/Schemes.

 

5.6 In the event of an appointed committee being unable to perform its duties for any reason, the Council shall perform the committee's duties and exercise its powers.

 

5.7 Any disputes concerning the interpretation, meaning, application or intention of any of the provisions of this Agreement or concerning the administration of the Funds/Schemes which an appointed committee is unable to settle, shall be referred to the Council or Board of Trustees for a final and binding decision.

 

5.8 No members of the Council or the Board of Trustees or members of the committees, the General Secretary, officers and employees of the Funds/Schemes shall be liable for the debts and liabilities of the Funds/Schemes.

 

5.9 No members of the Council or Board of Trustees or members of the committees, the General Secretary and officers and employees of the Funds/Schemes shall be held responsible for any act which may result in loss to the Funds, where such act was done in good faith, and they are hereby indemnified by the Funds/Schemes against all losses and expenses incurred by them in or about the bona fide discharge of their duties.

 

5.10 No members of the Council or Board of Trustees or members of the committees, the General Secretary and officers and employees of the Funds/Schemes shall be held responsible for any contributions deducted and any contributions due and payable by any employer not paid over to the Funds/Schemes upon sequestration or liquidation of such establishment or employer's estate or at all.

 

5.11 All expenses incurred in connection with the administration of the Funds/Schemes concerned shall be charged against the Funds/Schemes and/or recovered by way of administration fees.