Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)Main Collective Agreement36B. Bargaining Levy |
| (1) | Any dispute about the application or interpretation of the provisions of this clause shall be resolved in terms of Section 24 (6) of the Labour Relations Act. Enforcement of the provisions of this clause shall be dealt with in accordance with the enforcement provisions as set out in the Collective Agreement. |
| (2) | Every establishment which is not a member of the Employers" Organization party to the Council, shall pay a monthly Bargaining Levy equivalent to the monthly subscription as determined by the Employers" Organization from time to time. |
| (3) | Every employer shall pay the monthly Bargaining Levy to the Secretary of the Bargaining Council 1145 Burnett Street, Suite 1, 3rd Floor Burnetta Centre, Hatfield 0083 or P.O.Box 12265. Hatfield, 0028 before the 7th day each month. |
| (4) | The Council shall thereafter prepare an analysis of all amounts received from employers either by way of membership fees or levies. The Council shall then be entitled to deduct a collection fee, which will be a percentage of the total of fees/levies collected; the percentage will be determined and agreed upon from time to time by the parties to the Council. |
| (5) | The Secretary of the Council shall deposit all monies received in terms of this clause into the Council"s account and at the end of each Month— |
| (a) | pay all bargaining levies received to the employers" organization; and |
| (b) | The Employers" Organization shall deposit all the levies received into a separate account administered by the employers" organization. |
| (6) | The monies held in the separate account may be used only for expenditure incurred by the employers" organization relating to collective bargaining or dispute resolution in the industry and may not be— |
| (a) | paid to a 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 |
| (c) | used for any expenditure that does not advance or protect the socio-economic interests of employers. |
| (7) | The employers" organization shall arrange for an annual audit of the separate account within six months of its financial year by an auditor who shall— |
| (e) | conduct the audit in accordance with generally accepted auditing standards; |
| (f) | report in writing to the employers" organization, and in this report expresses an opinion as to whether or not the employers" organization has complied with the provisions of its constitution relating to financial matters. |
| (8) | Employers who are not members of the Employers" Organization party to the Council are not compelled to become members of that organization. |
| (9) | Any dispute about the application or interpretation of the provisions of this clause shall be resolved in terms of Section 24 (6) of the Labour Relations Act. Enforcement of the provisions of this clause shall be dealt with in accordance with the enforcement provisions as set out in the Collective Agreement. |