Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Food Retail, Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement25. Designated Agents and Agents |
| (1) | The Bargaining Council may request the Minister in terms of section 33(1) of the Act to appoint a person as a designated agent. |
(2)
| (a) | The Council shall appoint one or more specified persons as agents to assist in giving effect to the terms of this Agreement. A designated agent may enter any establishment and question any employer or employee during the course of such inspection and inspect the record of wages paid, time worked and payments made for overtime, and it shall be the duty of every employer and employee to permit such agents to institute such enquiries and to examine such books and/or documents and to interrogate such persons as may be necessary for the purpose of ascertaining whether the terms of this Agreement are being observed. |
| (b) | An Agent or designated Agent may issue a compliance order requiring any person to comply with this Agreement within a specific period. |
| (3) | An agent or designated agent shall carry out all instructions given him by the Council. |
| (4) | Designated Agents are authorised to collect council contributions both current and arrears. |
| (5) | The Council shall request all reasonable steps necessary to ensure compliance with this Agreement, if, whether through its own investigations or through any other sources, it appears that the provisions of this Agreement have been breached, then the following procedure shall apply to enforce compliance: |
| (i) | The Council shall request a designated Agent to investigate the alleged breach. |
| (ii) | Should there be a breach of this Agreement the designated Agent may endeavour to secure compliance with the Agreement through conciliation. |
| (iii) | At the end of the conciliation process, the designated agent shall submit to the Secretary of the Council a report as to the outcome of the conciliation. |
| (iv) | Upon receipt of the report, the Secretary of the Council may— |
| (i) | refer the matter to arbitration; or |
| (ii) | take such other steps as may be deemed reasonable, |
| (6) | An Arbitrator conducting an arbitration in terms of section 33A of the Act may impose a fine in terms of section 33A(8)(b) of the Act subject to the maximum fines set out in Table one and two of schedule two. |
| (7) | The Secretary of the Council may apply to make the arbitration award an order of the Labour Court. |