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

Notices

National Textile Bargaining Council

Employer and Trade Union Agency Shop Collective Agreement

Extension to Non-Parties

Part 1

3. Definitions

 

Any expressions used in this Agreement which are defined in the Act, shall have the same meaning as in the Act, any reference to an Act shall include any amendments to such Act; further, unless inconsistent with the context—

 

"Act"

means the Labour Relations Act 1995 (Act No. 66 of 1995), as amended;

 

"Agency Shop Levy"

means the fee set out in clause 4 of this Agreement;

 

"Ancillary items"

means items that are supplementary, supporting or additional to;

 

"Employer Agency Fee"

means the fee set out in Part 1 of clause 5 and the relevant Annexure in Part 2 of this Agreement;

 

"Council"

means the Council of the Bargaining Council established in terms of Clause 7 of the National Textile Bargaining Council;

 

"employer"

means any person who employs or provides work for any other person and who remunerates or expressly or tacitly undertakes to remunerate that person; who permits any person to assist them in carrying on or conducting their business; and "employ" and "employment" have a similar meaning;

 

"employee"

means any person, who works for another person or for the State and who receives or is entitled to receive any remuneration and employee also means any other person who in any manner assists in carrying on or conducting the business of an employer, and "employed" and "employment" have meanings corresponding to that of "employee";

 

"employee representative"

means any representative, including but not limited to a shop steward, appointed in that capacity by a trade union which is party to the Council;

 

"employer representative"

means any representative appointed in that capacity by an employers' organization which is party to the Council.

 

"Industry"

means the Textile Industry, as defined in the National Textile Bargaining Council's scope of registration;

 

"NTBC Constitution"

means the certified constitution of the National Textile Bargaining Council, as amended from time to time;

 

"Representative employers' organisation"

means a registered employers' organisation or two or more registered employers' organisations acting jointly represent majority of the employers or whose members employ the majority of the employees employed by the members of an employers' organisation within the scope of application of this collective agreement.

 

"sub-sector" or "section"

means the sub-sectors or sections as set out in Schedule 2 of the National Textile Bargaining Council Constitution;

 

"this Agreement"

means Part 1 and Part 2 of this document.

 

"trade union agency shop fee"

means a deduction equivalent to the amount of the trade union subscription as set out in Part 1 of clause 4 and the relevant Annexures in Part 2 of this Agreement.