Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryCollective Bargaining Fee Agreement5. Collective Bargaining Fee |
| 5.1 | A Collective Bargaining Fee is payable by an employer who is not a member of the representative employers’ organisation known as the Furniture, Bedding & Upholstery Manufacturers’ Association for the Greater Northern Region, although such an employer is eligible for membership thereof but is not compelled to be a member thereof. |
| 5.2 | For the purposes of this agreement, “representative employers’ organisation” means a registered employers’ organisation whose members employ the majority of employees in the furniture, bedding and upholstery manufacturing industry in the scope of the Council. |
| 5.3 | This Collective Bargaining Fee Agreement is binding on all employers who are not members of the representative employers’ organisation, being the non-party employers in the furniture, bedding and upholstery manufacturing industry and in the scope of the Council’s Main Agreement. |
| 5.4 | The prescribed Collective Bargaining Fee shall be equivalent to or less than the amount of the prevailing membership fees payable by the employer members of the Furniture, Bedding & Upholstery Manufacturers’ Association for the Greater Northern Region to the same association. |
| 5.5 | The prescribed Collective Bargaining Fee payable by employers who are not members of the employers’ organisation known as Furniture, Bedding & Upholstery Manufacturers’ Association for the Greater Northern Region, who is a party to this Agreement, shall be as follows: |
| 5.5.1 | Monthly membership Fees (for all areas excluding the Free State Province) |
Number of employees employed |
Monthly membership fees (for all areas excluding the Free State Province) |
0-15 |
R307-80 |
16-50 |
R433-20 |
51-100 |
R615-60 |
101-200 |
R912-00 |
201+ |
R1 140-00 |
| 5.5.2 | Monthly membership Fees (for the Free State Province ONLY) |
Number of employees employed |
Monthly membership fees (for the Free State Province ONLY) |
0-15 |
R114-00 |
16-50 |
R205-20 |
51-100 |
R273-60 |
101+ |
R433-20 |
| 5.6 | Every non-party employer shall together with the Collective Bargaining Fee also submit to the Secretary of the Council, at the same time, a monthly return form reflecting the amount of the Collective Bargaining Fee due on the return form as specified by the Council from time to time. |
| 5.7 | The Secretary of the Council shall deposit all moneys received as Collective Bargaining Fees in terms of clause 5.5 into a bank account of the Council. |
| 5.8 | The prescribed Collective Bargaining Fee must be paid by the employers as identified in clause 5.3 to the Council by the 10th day of each month following the month in which it became due and the same Collective Bargaining Fee must be paid by the Council monthly to the Furniture, Bedding & Upholstery Manufacturers’ Association for the Greater Northern Region. |
| 5.9 | The Secretary of the Council shall transfer all moneys received as Collective Bargaining Fees into a separate bank account administered by the party employers’ organisation. |
| 5.10 | Despite sub-clause 5.9, a conscientious objector may request the Council in writing to pay his Collective Bargaining Fees into a fund administered by the Department of Labour. |
| 5.11 | No Collective Bargaining Fee 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 the Furniture Bargaining 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-clause 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 | If an employer or an employers’ organisation or any interested person or organisation alleges that the representative employer’s organisation is no longer a representative employers’ organisation as envisaged in sub-clause 5.2 it must give the employers’ organisation written notice of the allegation, and must allow the employers’ organisation 90 days from the date of the notice to prove that it is a representative employers’ organisation. |
| 5.16 | If, within the 90-day period, the representative employers’ organisation fails to prove that it is a representative employers’ organisation, the employer or employers’ organisation or interested person or organisation making the allegation, must give the employers’ organisation which claims to be representative notice of its intention to request the Minister of Labour to withdraw the extension of this agreement to nonparties. |
| 5.17 | If the extension of this agreement to non-parties is withdrawn by the Minister of Labour for any reason, the provisions of sub-clauses 5.8 and 5.9 shall apply until all the Collective Bargaining Fees due up until the date of the withdrawal of this Agreement have been received and paid out in accordance with sub-clauses 5.8 and 5.9. |