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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

34. Agency Shop

 

34.1 AGENCY SHOP: EMPLOYERS" ORGANISATION
34.1.1 Every employer that does not belong to the employers" organisation must pay a monthly levy equivalent to the employers" organisation"s monthly membership fee as determined from time to time by the employers" organisation.
34.1.2 Employers who are not members of the employers" organisation that is party to the Council are not compelled to become members of that organisation.
34.1.3 From time to time the employers" organisation shall be entitled to review the membership fees and/or levies and implement any increase it may deem fit.
34.1.4 Every employer must pay the amounts referred to in subclause 34.1.1 to the Council before the seventh day of the next month.
34.1.5 The Council must transfer all moneys received in terms of this clause into a separate account administered by the employers" organisation at the end of each month.
34.1.6 The moneys held in the separate account may be used only for expenditure incurred by the employers" organisation relating to collective bargaining or dispute resolution in the industry and may not be:—
34.1.6.1 paid to a political party as an affiliation fee; or
34.1.6.2 contributed in cash or kind to a political party or a person standing for election to any political office.
34.1.7 The employers" organisation must arrange for an annual audit of the separate account within six months of its financial year end by an auditor who must:-
34.1.7.1 Conduct the audit in accordance with generally accepted auditing standards;
34.1.7.2 report in writing to the employers" organisation, and in this report express an opinion as to whether or not the employers" organisation has complied with the provisions of its constitution relating to financial matters and the provisions of subclause 34.1.6.
34.1.8 The employers" organisation must submit to the Council, within 30 days of receipt of the auditor"s report referred to in subclause 34.1.7, a certified copy of that report.
34.1.9 Any person may inspect the auditor"s report submitted to the Council in terms of subclause 34.1.8 at the Council"s offices.
34.1.10 The Council must provide a certified copy of, or extract from, the auditor"s report to any person requesting such copy or extract.
34.1.11 A conscientious objector may request the Council to pay the levy received into a fund administered by the Department of Labour.
34.1.12 Any dispute about the application or interpretation of the provisions of this clause must be referred to conciliation and, if the dispute remains unresolved, to arbitration provided that the parties mutually agree on such conciliator and arbitrator. If no agreement is reached within 30 days of lodging the dispute, the conciliator and arbitrator, who must be senior counsel, shall be appointed from the ranks of an accredited agency. Enforcement of the provisions of this clause must be dealt with in accordance with the enforcement provisions set out in clause 24.

 

34.2 AGENCY SHOP: EMPLOYEE"S ORGANISATION
34.2.1 Every employer must deduct weekly or monthLy, as the case may be, from the wages of his employees who are not members of the trade union, the agency fee equivalent to the trade union subscription fee as determined from time to time by the trade union. The employer may deduct the agreed agency fee from the wages of his employees without the employees" authorisation.
34.2.2 Every employer must pay the agency fee deducted from the wages of his employees to the Council before the seventh day of the next month.
34.2.3 Employees who are not members of the representative trade union are not compelled to become members of the trade union, provided they are not in the employ of an employer who is a member of the employers" organisation that is party to the Council.
34.2.4 The Council must transfer moneys received in terms of this clause into a separate account administered by the trade union at the end of each month.
34.2.5 The moneys held in the separate account may be used only for expenditure incurred by the trade union relating to collective bargaining or dispute resolution in the industry and may not be:—
34.2.5.1 paid to a political party as an affiliation fee; or
34.2.5.2 contributed in cash or kind to a political party or a person standing for election to any political office;
34.2.5.3 used for any expenditure that does not advance or protect the socio-economic interests of employees.
34.2.6 The trade union must arrange for an annual audit of the separate account within six months of its financial year end by an auditor who must:—
34.2.6.1 conduct the audit in accordance with generally accepted auditing standards;
34.2.6.2 report in writing to the trade union and in this report express an opinion as to whether or not the trade union has complied with the provisions of its constitution relating to financial matters and the provisions of clause 34.2.5.
34.2.7 The trade union must submit to the Council, within 30 days of receipt of the auditor"s report referred to in clause 34.2.6, a certified copy of that report.
34.2.8 Any person may inspect the auditor"s report submitted to the Council in terms of clause 34.2.7 at the Council"s offices.
34.2.9 The Council must provide a certified copy of, or extract from the auditor"s report to any person requesting such copy or extract.
34.2.10 A conscientious objector may request the employer to pay the amount deducted from that employee"s wages into a fund administered by the Department of Labour.
34.2.11 Any dispute about the application or interpretation of the provisions of this clause must be resolved in terms of Section 24 (6) of the Labour Relations Act. Enforcement of the provisions of this clause must be dealt with in accordance with the enforcement provisions set out in clause 24 of the Collective Agreement.