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

Notices

National Textile Bargaining Council

Employer and Trade Union Agency Shop Collective Agreement

Extension to Non-Parties

Part 1

5. Employer Agency Fee

 

5.1 An employer who is not a member of the representative employers' organisation, but is eligible for membership, shall pay an employer agency fee.

 

5.2 For the purposes of this clause "representative employers' organisation ", means a registered employers' organisation or two or more registered employers' organisations acting jointly represent majority of the employers or whose members employ the majority of the employees employed by the members of an employers' organisation within the scope of application of this collective agreement.

 

5.3 Non-members of the representative employers' organisations are not compelled to become a member of the employers' organisations by virtue of implementation of this collective agreement.

 

5.4 In terms of this agreement, the employer agency fee payable shall not exceed the amount payable by ordinary members of the employers' organisations as set out in relevant Annexure of Part 2 of this Agreement.

 

5.5 The employer agency fee shall be paid to the Council in line with a respective employers' organisation mentioned in Part 2 of this Agreement based in such an employers' organisation's constitution which amount shall be calculated as the respective employers' organisation's constitution as approved by the Registrar outlined in Part 2 of this Agreement:

 

5.6 No employer agency fee shall be:—
(a) paid to any political party as an affiliation fee; or
(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 employers.

 

5.7 Despite the provisions of any law or contract, an employer falling within the Scope of this Collective Agreement must pay the employer agency fee as identified in this Clause and the relevant Annexure in Part 2 of this Agreement.

 

5.8 Notwithstanding the provisions of clause 5.5, a conscientious objector may request the Council to transmit the employer agency fee collected in terms of this collective agreement into a fund administered by the Department of Employment and Labour.

 

5.9 The Council shall deposit all monies received in terms of clause 5.5 into a separate account administered by the Council.

 

5.10 The Council shall pay any employer agency fee monies received in terms of Clause 5.5 over to the representative employers' organisation into a separate account administered by the employers' organisation.

 

5.11 The provisions of Sections 98 and 100(b) and (c) of the Act, shall apply read with the changes required by the context relating to the separate account referred to in Clause 5.9.

 

5.12 Any person may inspect the Auditor's report insofar as it relates to the account referred to in Clause 5.10 at the Registrar's office.

 

5.13 The Registrar must either provide a certified copy of, or an extract from, any of the documents referred to in Clause 5.12 to any person who has paid the prescribed fee.

 

5.14 In the event that this Collective Agreement terminates, the provisions of Clauses 5.5 and 5.6 and 5.11 shall apply until the money in the separate account has been spent.