Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryKwaZulu NatalExtension to Non-Parties of the Agency Shop Fee Collective Agreement5. Agency Shop Fee |
| 5.1 | An employer must deduct an Agency Shop Fee from the wages of employees identified in this Agreement who are not members of the representative trade union, and who are not compelled to become members of the aforementioned union, but are eligible for membership thereof. |
| 5.2 | For the purposes of this agreement, "representative trade union" means, the same as in section 25 of the Act, a registered trade union or two or more registered trade unions acting jointly, whose members are a majority of the employees employed:— |
| 5.2.1 | by an employer in a workplace in the scope of the Council; or |
| 5.2.2 | by the members of the employers' organisation who is party to this Agreement and whose members are employers in the scope of the Council. |
| 5.3 | This Agency Shop Fee agreement is binding on all employees who are employed in the scope of the Council's Main Collective Agreement as defined above only in the Magisterial Districts of Camperdown, Chatsworth, Durban, lnanda, Pietermaritzburg and Pinetown and who are not members of the representative trade union who are parties to this Agreement, namely the National Union of Furniture and Allied Workers of South Africa. |
| 5.4 | A prescribed Agency Shop Fee equal to R20-00 per week, with effect from the coming into operation of this agreement, must be deducted by all employers from all of their employees' weekly wages if their employees are not members the National Union of Furniture and Allied Workers of South Africa who are the party trade union to this Agreement. |
| 5.5 | The prescribed Agency Shop Fee deducted in accordance with clause 5.4 above, must be paid by the employers concerned to the Council by the 15th day of each month following the month when these deductions were required to have been made from their employees' wages. |
| 5.5.1 | This prescribed Agency Shop Fee received by the Council must be paid by the Council on a monthly basis to the National Union of Furniture and Allied Workers of South Africa. |
| 5.6 | An employer shall together with the Agency Shop Fee also submit to the Secretary of the Council, at the same time, a monthly return form reflecting the amount of the Agency Shop Fee due for each employee. |
| 5.7 | The Secretary of the Council shall deposit all moneys received in terms of clause 5.5. into a bank account of the Council, if not already done so by the employer. |
| 5.8 | The prescribed Agency Shop Fee shall be equivalent to or less than the maximum amount of the trade union subscriptions payable by any of the members of the National Union of Furniture and Allied Workers of South Africa. |
| 5.9 | The Secretary of the Council must transfer all moneys received in respect of Agency Shop Fees into a separate bank account administered by the party trade union. |
| 5.10. | Despite sub-clause 5.9, a conscientious objector may request his employer in writing, to pay the prescribed amount deducted from his wages in respect of Agency Shop Fees into a fund administered by the Department of Employment and Labour. |
| 5.11 | No Agency Shop 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 employees in the scope of this Council. |
| 5.12 | Despite the provisions of any law or contract, an employer may deduct the Agency Shop Fee from the wages of an employee without the employee's authorisation. |
| 5.13 | 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. |
| 5.14 | Any person may inspect the auditor's report, in so far as it relates to an account referred to in sub-clauses 5.9. |
| 5.15 | 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. |
| 5.16 | If an employee or trade union or any other interested person or organisation alleges that the trade union party to this agreement is no longer a representative trade union as envisaged in clause 5.2 it must give the trade union party written notice of this allegation. and must allow the same trade union party 90 calendar days from the date of the notice to prove that they are representative trade unions. |
| 5.17 | If, within the 90-day period, the trade union party fails to prove that they are a representative trade union, the employee or trade union or any other interested person or organisation making such allegation must give the trade union party who are party to this agreement notice of their intention to request the Minister of Employment and Labour to withdraw the extension of this agreement to non-party employees in the Industry. |
| 5.18 | If the extension of this agreement to non-party employees in the Industry is withdrawn by the Minister of Employment and Labour, the provisions of sub-clause 5.7 and 5.9 shall apply until all the Agency Shop Fees due up until the date of withdrawal of the extension of this agreement, have been received and paid out in accordance with sub-clauses 5.7 and 5.9. |
| 5.19 | Notwithstanding the provisions of sub-cause 5.3 above, employees will be exempted from the Agency Shop Fee provision for the duration of this agreement— |
| 5.19.1 | if another trade union, whose members are employed in the scope of the Council at the date of signing of this agreement by the parties, or on the extension hereof by the Minister of Employment and Labour to non-parties, enjoys a majority membership of at least fifty percent plus one in the scope of the Council; |
| 5.19.2 | should another trade union's membership drop below the minimum of fifty percent plus one the exemption from the Agency Shop Fee provision shall become null and void and the Agency Shop Fee shall apply. |
| 5.20 | Any existing agency shop agreement at an individual company level shall be superseded by this agreement. |