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 Agency Shop Collective Agreement

5. Agency Shop Levy
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5.1Employers

 

5.1.1Every Employer who does not belong to the Employers' Organisation, shall pay a monthly bargaining levy, to the Employers'  Organisation.

 

5.1.2No Employer will be compelled  to become a member  of the Employers' Organisation.

 

5.1.3The monthly bargaining levy shall be paid on or before the seventh day of each and every succeeding month to the Council, on behalf of the Employers' Organisation.

 

5.1.4The Council shall prepare an analysis of all amounts received from Employers by way of bargaining levies. The Council shall be entitled to deduct a collection fee from the bargaining levy so collected, expressed as a percentage   of the total levies collected, which percentage will be calculated and agreed upon from time to time by the Parties to the Council.

 

5.1.5The CEO shall cause to deposit all bargaining levies received into a separate account administered by the Employers' Organisation ("the separate account").

 

5.1.6The monies held in the separate account may not be:—
5.1.6.1paid to a political party as an affiliation fee; or
5.1.6.2contributed in cash or kind to a political party or a person standing for election to any political office.

 

5.1.7The Employers' Organisation shall arrange for an annual audit of the separate account within 6 (six) months of its financial year by an auditor who shall:—
5.1.7.1conduct the audit in accordance with general accepted auditing standards;
5.1.7.2report in writing to the Employers' Organisation, and in this report express an opinion as to whether or not the Employers' Organisation have complied with the provisions of its constitution relating to the financial matters and the provisions of clause 5.1.6.

 

5.1.8The Employers' Organisation shall submit to the office of the Registrar of the Department of Employment and Labour and the Council, within 30 (thirty) days of receipt of the auditor's report referred to in clause 5.1.7.2, a certified copy of that report.

 

5.1.9Any person may inspect the auditor's report submitted to the Council, at the office of the Registrar of the Department of Employment and Labour or the Council's office situated at 352 Ontdekkers Road, Florida, Roodepoort, Johannesburg, or such other address to which the Council may relocate from time to time.

 

5.1.10The Council shall provide a certified copy of, or an extract from the auditor's report to any person requesting such certified copy or extract.

 

5.1.11A conscientious objector may request the Council to pay the bargaining levy received into a fund administered by the Department of Employment and Labour.

 

5.1.12Any dispute about the application or interpretation of the provisions of this clause 5.1 shall be resolved in terms of the provisions of the Council's Constitution.

 

5.2Employees

 

5.2.1Every Employer shall on a monthly basis, deduct from the Basic Salary or Wages, of its Employees an agency shop fee equivalent to the Trade Union membership fee, as determined from time to time by the Trade Union and shall pay such agency shop fee to the Council on behalf of the Trade Union, by no later than the seventh day of each and every month following on the month in which the deductions were made.

 

5.2.2The Council shall prepare an analysis of all amounts received as agency shop fees. The Council shall be entitled to deduct a collection fee,  expressed as a percentage of the total of the agency shop fees collected, which percentage will be determined and agreed upon from time to time by the Parties to the Council.

 

5.2.3Employees who are not members of the Trade Union are not compelled to become members of the Trade Union.

 

5.2.4The CEO of the Council shall cause to deposit all monies received as agency shop fees, into the Council's account and at the end of each month shall deposit all agency shop fees received in respect of non-members into a separate account administered by the Trade Union ("the Union's separate account").

 

5.2.5The monies held in the Union's separate account and may not be:—
5.2.5.1paid to a political party as an affiliation fee; or
5.2.5.2contributing cash or kind to a political party or person standing for election to a political office; or
5.2.5.3used for any expenditure that does not advance or protect the socio-economic interest of Employees.

 

5.2.6The Trade Union shall arrange for an annual audit of the Union's separate account within 6 (six) months of its financial year by an auditor who shall:—
5.2.6.1conduct the audit in accordance with the general accepted auditing standards;
5.2.6.2report in writing to the Trade Union, and in this report express an opinion as to whether or not the Trade Union have complied with the provisions of its constitution relating to the financial matters and the provisions of clause 5.2.5.

 

5.2.7The Trade Union shall submit to the office of the Registrar of the Department of Employment and Labour and Council, within 30 (thirty) days of receipt of the auditor's report referred to in clause 5.2.6 a certified copy of that report.

 

5.2.8Any person may inspect the auditor's report submitted to the Council, at the office of the Registrar of the Department of Employment and Labour or the Council's office situated at 352 Ontdekkers Road, Florida, Roodepoort, Johannesburg or such other address to which the Council may relocate from time to time.

 

5.2.9The Council shall provide a certified copy of, or an extract from the auditor's report to any person requesting such certified copy or extract.

 

5.2.10A conscientious objector may request the Employer to pay the amount deducted from the Employee's Wages into a fund administered by the Department of Employment and Labour.

 

5.2.11Any dispute about the application or interpretation of the provisions of this clause 5.2 shall be resolved in terms of the provisions of the Council's Constitution.