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

Notices

Bargaining Council for the Furniture Manufacturing Industry

Western Cape

Collective Bargaining Fee Collective Agreement

Extension to Non-parties of the Collective Bargaining Fee Collective Agreement

Chapter 1

5. Bargaining Levy

 

5.1 An employer who is not a member of the representative employers' association party to the Council's Main Collective Agreement, and who are not compelled to become members of the aforementioned employers' association, but are eligible for membership thereof must make a monthly Collective Bargaining Levy contribution, payable to the Council.

 

5.2 For the purposes of this agreement, "representative employers ' association" means, the same as in section 25 of the Act, a registered employers' association or two or more registered employers' associations acting jointly, whose members are a majority of the employers or whose members employ the majority of employees in the scope of the Main Agreement.

 

5.3 This Agreement is binding on all employers who are registered in the scope of the Council and who are subject to the Council's Main Collective Agreement and who are not members of the representative employers' association party to this Agreement, namely the Cape Furniture Manufacturing Association.

 

5.4 A prescribed Bargaining Levy of R200.00 (two hundred rand), equal to the CFMA fee is payable only by an employer who is not a member of the representative employers' association.

 

5.5 The prescribed Collective Bargaining Levy payable by an employer in accordance with clause 5.4 above, must be paid by the employers concerned to the Council by the 15th day of each month following the month along with all other required employer contributions and deductions made from their employees' wages. The prescribed Collective Bargaining Levy received by the Council must be paid by the Council on a monthly basis to the Cape Furniture Manufacturers Association.

 

5.6 An employer shall together with the Collective Bargaining Levy also submit to the Secretary of the Council, at the same time, a monthly Council return form reflecting the amount of the Collective Bargaining Levy.

 

5.7 The Secretary of the Council shall deposit all moneys received in terms of clause 5.5 into a bank account of the Council.

 

5.8 The prescribed Collective Bargaining Levy shall be equivalent to or less than the lowest amount of the employers' association subscriptions payable by any of the members of the Cape Furniture Manufacturing Association.

 

5.9 The Secretary of the Council must transfer all moneys received in respect of Collective Bargaining Levy into a separate bank account administered by the party employers' association at month end.

 

5.10. Despite sub-clause 5.9, a conscientious objector may pay the prescribed amount payable in respect of Collective Bargaining Levy into a fund administered by the Department of Labour.

 

5.11 No Bargaining Levy may be:
5.11.1 paid to a political party as an affiliation fee; or
5.11.2 contributed in cash or kind to a political party or a person standing for election to any political office; or
5.11.3 used for any expenditure that does not advance or protect collective bargaining and the socio-economic interests of employers in the scope of this Council.

 

5.12 The provisions of sections 98 and 100(b) and (c) of the Act apply, read with the changes required by the context, to the separate account referred to in sub-clause 5.9.

 

5.13 Any person may inspect the auditor's report, in so far as it relates to an account referred to in sub-clauses 5.9.

 

5.14 The Registrar must provide a certified copy of, or an extract from, any of the documents referred to in clause 5 to any person who has paid the prescribed fees.

 

5.15 A person, organisation, employer or trade union that alleges that the employers' association party to this agreement is no longer a representative employers' association as envisaged in clause 5.2 it must give the employers association party written notice of this allegation, and must allow the same employers association party 90 calendar days from the date of the notice to prove that they are representative employers association.

 

5.16 If, within the 90-day period, the employers' association party fails to prove that they are representative employers association the person, organisation, employer or trade union making such allegation must give the employers' association party who are party to this agreement notice of their intention to request the Minister of Labour to withdraw the extension of this agreement to non-party employers in the Industry.

 

5.17 If the extension of this agreement to non-party employers in the Industry is withdrawn by the Minister of Labour, the provisions of sub-clause 5.7 and 5.9  shall apply until all the bargaining levies due up until the date of withdrawal of the extension of this agreement, have been received and paid out in accordance with sub-clauses 5.7 and 5.9.