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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Terms and Conditions that will apply Nationally

10. Enforcement of Collective Agreements

 

10.1 If any person upon whom this Agreement is binding in terms of sections 31 and 32 of the Act, fails, neglects or refuses to comply with any provision of this or any other collective agreement concluded in the Council, the Council shall have the right to enforce such provision by any means permitted by any law or practice and may in addition resort to either one or both of the following remedies:
10.1.1 use any means permitted by law to enforce compliance with this Agreement; or
10.1.2 regard the non-compliance as a dispute within the meaning of clause 13, and to resolve the dispute as provided for in the Council's Constitution.

 

10.2 A designated agent who has reasonable grounds to believe that an Employer, Legal Owner or Employee has not complied with the provisions of this Agreement may issue a compliance order

 

10.3 A compliance order shall set out:—
10.3.1 the name of the Employer, Legal Owner or Employee and location of every workplace to which it applies;
10.3.2 the provisions of this Agreement that the Employer, Legal Owner or Employee has not complied with and the details of such non-compliance;
10.3.3 any amount that the Employer, Legal Owner or Employee is require to pay to an Employer, Legal Owner or Employee or the Council;
10.3.4 any previous settlement agreement entered into by the Employer, Legal Owner or Employee and the failure by the Employer, Legal Owner or Employee to comply with such settlement agreement;
10.3.5 any steps that the Employer, Legal Owner or Employee is required to take including, if necessary, to cease the contravention in question and the period of time within which such action should be ceased.

 

10.4 A designated agent must deliver a copy of the compliance order to the Employer, Legal Owner or Employee reflected on such order and, to each Employer, Legal Owner or Employee effected by it or, if this is impractical, a representative of the Employer, Legal Owner or Employee.

 

10.5 The Employer, Legal Owner or Employee must display a copy of the compliance order prominently at a place assessable to the effective Employer, Legal Owner or Employee at the workplace reflected on such order.

 

10.6 An Employer, Legal Owner or Employee must comply with the compliance order within the time period stated in the order unless the Employer, Legal Owner or Employee objects thereto in terms of the procedure stated herein below.

 

10.7 The failure to deliver a copy of the compliance order to the Employer, Legal Owner or Employee, or their representatives shall not make the compliance order invalid.

 

10.8 An Employer, Legal Owner or Employee may object to a compliance order by making representations to the CEO within 7 (seven) days of receipt of the order.

 

10.9 If the Employer, Legal Owner or Employee shows good cause at the time, the CEO may permit the Employer, Legal Owner or Employee to object to the compliance order after the aforesaid 7-day period has expired.

 

10.10 After consideration, any representation by the Employer, Legal Owner or Employee and any other relevant information, the CEO:—
10.10.1 may confirm, modify or cancel an order or any part of an order; and
10.10.2 shall specify the period within which the Employer, Legal Owner or Employee is to comply with any part of an order that has been confirmed or modified.

 

10.11 The information that the CEO shall consider includes:—
10.11.1 any evidence concerning the Employer, Legal Owner or Employee's compliance record;
10.11.2 the likelihood that the Employer, Legal Owner or Employee was aware of the relevant provisions; and
10.11.3 the steps taken by the Employer, Legal Owner or Employee to ensure compliance with the relevant provisions.

 

10.12 In the event of the CEO modifying or confirming the order, the CEO shall cause to serve a copy of the order so modified or confirmed on the Employer, Legal Owner or Employee and on each Employer, Legal Owner or Employee affected by it or, if in practical, on the Employer, Legal Owner or Employee's representative.

 

10.13 If the CEO confirms or modifies the order or any part of the order, the Employer, Legal Owner or Employee must comply with that order within the time period specified in the order.

 

10.14 The failure to deliver a compliance order so modified or confirmed to the Employer, Legal Owner or Employee, or their representatives, shall not make the compliance order invalid.

 

10.15 An Employer, Legal Owner or Employee who is not satisfied with the CEO's compliance order may refer the matter to Arbitration within 7 (seven) days after the compliance order was received from the CEO.

 

10.16 If the Employer, Legal Owner or Employee has not complied with the compliance order and has not referred the matter to Arbitration in terms of clause 10.15 above, the CEO may refer the matter to Arbitration.