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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension to Non-parties of the Collective Bargaining Levy Agreement

Clause 6 - Collective Bargaining Levy
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(1)The purpose of the Collective Bargaining Levy is to subsidise the costs occasioned by collective bargaining on the parties to the Council including but not limited to consulting non-parties and mandate seeking, feedback to such parties, facilitation of collective bargaining and related activities to increase the representative capacity of bargaining units.

 

(2)Subject to the provisions of this clause, a levy, to be known as a collective bargaining levy shall be deducted by employers from the wages of all employees who are employed in the Industry on scheduled activities covered by the National Bargaining Council for the Electrical Industry of South Africa's Agreements and who are not members of a trade union which is a party to the National Bargaining Council for the Electrical Industry of South Africa.The collective bargaining levy monies so deducted shall be  paid to the Council monthly in the amount as specified below:

 

(3)All scheduled employees shall pay a Collective Bargaining Levy of R19.61 from the date of publication of this Agreement.

This Collective Bargaining Levy will be adjusted from time to time when the Party Trade Union adjusts their subscriptions. The Collective Bargaining Levy will never exceed the Party Trade Union subscription in value.

 

(4)For the purposes of this agreement, "representative employers' organisation" means a registered employers' organisation whose members employ the majority of the employees in the electrical industry in the scope of the Council and a "representative trade union" means a registered trade union whose members are the majority of all the employees that is a party to the Council.

 

(5)The prescribed Collective Bargaining Levy shall be equivalent to or less than the amount of the prevailing membership fees payable by the employer members of the Electrical Contractors' Association (South Africa) to the same association.

 

(6)Every employer who is not a member of an employer's organisation party to the National Bargaining Council for the Electrical Industry of South Africa (a non - party employer) who is engaged in the Industry as defined, shall pay a Collective Bargaining Levy monthly to the Council of R12.90 per scheduled employee per week.

 

This Collective Bargaining Levy will be adjusted from time to time when the Party Employers Organisation adjusts their subscriptions. The Collective Bargaining Levy will never exceed the Employers Organisation labour levy.

 

(7)The monies will be used to fund the costs of collective bargaining activities of the parties to the Council from time to time and to subsidise the cost of training for employers and employees in the electrical contracting industry.

 

The money received from the CBL collections shall be allocated to the Training Fund as set out below:

 

On publication of this Agreement the Training Fund Contribution will be R4.50 per employee per week or thereafter as amended by a resolution by the Parties for the life of this Agreement.

 

All employment categories will be eligible for subsidy from the Training Fund.

 

(8)The National Finance Committee shall receive applications for the funding of such activities as contemplated in sub-clause (1) and submit recommendations to the National Council for approval.

The National Council will in session ratify any recommendations made by the National Finance Committee.

The funds will be paid to the applicant party providing the criteria for approved funding have been met.

 

(9)The Council shall deposit all monies received in terms of the above into a separate bank account administered by the Council.

 

(10)The Collective bargaining levy may not be used—
(a)to pay an affiliate fee to a political party.
(b)to make a contribution in cash or kind to a political party or a person standing for election to any political office.
(c)for any expenditure that does not advance or protect the socio-economic interests of employees.

 

(11)Employees who are not members of the party trade union(s) are not compelled to become members of that trade union.

Employers who are not members of the party employer organisation(s) are not compelled to become members of that employers' organisation.

 

(12)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.

 

(13)The registered party trade union(s) and employers' organisation(s) will keep records and books according to the standards of generally accepted accounting practice, principles and procedures.

 

(14)The registered party trade union(s) and employers' organisation(s) will provide information to the Registrar in terms of Section 25(1) and (2), Section 98 and Section 100 of the Labour Relations Act 66 of 1995 as amended.

 

(15)If an employer or an employers' organisation or an employee or a trade union or any interested person or organisation alleges that the representative employers' organisation or the representative trade union is no longer a representative employers' organisation or representative trade union as envisaged in sub­ clause 6(4) it must give the employers' organisation or trade union written notice of the allegation, and must allow the employers' organisation or trade union 90 days from the date of the notice to prove that it is a representative employers' organisation or a representative trade union.

 

(16)If within the 90-day period, the representative employers' organisation or representative trade union fails to prove that is it a representative employers' organisation or a representative trade union, the employer or employers' organisation or employee or trade union or interested person or organisation making the allegation, must give the employers' organisation or  trade  union which claims to be representative, notice of its intention to request the Minister of Labour to withdraw the extension of this agreement to non-parties.

 

(17)If the extension of this agreement to non-parties is withdrawn by the Minister of Employment and Labour for any reason, the provisions of sub-clause 6(10) shall apply until all the Collective Bargaining Levies due up until the date of withdrawal of this Agreement have been received and paid out in accordance with sub-clause 6(10).