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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

7. Enforcement of Collective Agreement

 

7.1 Despite any other provisions of this Agreement, the Council may appoint one or more persons and may request the Minister of Employment and Labour to appoint such persons as designated agents in terms of Section 33(1) of the Act to promote, monitor and enforce compliance with this Agreement.

 

7.2. In the event of non -compliance with this Agreement, a designated agent may secure compliance by:—
(a) publicising the contents of this Agreement.
(b) investigate complaints.
(c) conduct inspections.
(d) issue a compliance order; or
(e) adopt any other means the Council may have approved of; and
(f) perform any other function which is conferred on or imposed on the agent by the Council.

 

7.3 In the event that non -compliance prevails after the issuance of a compliance order in terms of sub-clause 2 (d) above, the agent must:
(a) submit a report to the Secretary of the Council, specifying that compliance had not been achieved.

 

7.4 Upon receipt of such report, the Secretary of the Council shall—
(a) Appoint an arbitrator from the list of arbitrators supplied by the CCMA to arbitrate the matter; or
(b) take such steps as deemed necessary to give effect to any agreement reached after the compliance order was issued in resolving the matter.
(c) An arbitrator appointed in terms of this Clause shall have all the powers assigned to an arbitrator as contemplated by the Act, including but not limited to the charges and penalties as further contemplated by Section 33A of the Act read with the applicable Regulations.

 

7.5 The Secretary shall make application to certify the arbitration award or settlement agreement, whichever applies, as order of the Labour Court.

 

7.6 A designated agent appointed under Section 33(1) of the Act, shall in addition to the powers referred to in that Section, have the powers as assigned to designated agents as set out in Schedule 10 of the Act, read with the changes required by the context.