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


Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)

Main Collective Agreement

36A. Agency Fee



(1) Every employer who is not a member of the employers' organization, shall deduct weekly or monthly as the case may be, from the wages of his employees, who are not members of the trade union party to the council, the agency fee equivalent to the Trade Union subscription fee as determined from time to time by the Trade Union; and shall forward on the form specified in annexure "A" of the Collective Agreement the amount thus deducted to the Secretary of the Council, 1145 Burnett Street, Suite 1, 3rd Floor, Burnetta Centre or P.O Box 12265, Hatfield, 0028 no later than the seventh day of each and every month, following on the month in which the deductions were made.


(2) The Council shall thereafter prepare an analysis of all amounts received from employees either by way of membership fees or levies. The Council shall then be entitled to deduct a collection fee, which will be a percentage of the total of fees/levies collected; the percentage will be determined and agreed upon from time to time by the parties to the Council.


(3) Employees who are not members of the representative Trade Union are not compelled to become members of the Union.


(4) The Secretary of the Council shall deposit all monies received in terms of this clause into the Council's account and at the end of each month.
(a) pay all agency fees received to the Trade Union; and
(b) The Trade Union shall deposit all the levies received into a separate account administered by the Trade Union.


(5) The monies held in the separate account may be used only for expenditure incurred by the Trade Union relating to collective bargaining or dispute resolution in the industry and may not be—
(a) paid to a political party as an affiliation fee: or
(b) contributed in cash or kind to a political party or a person standing for election to any political office
(c) used for any expenditure that does not advance or protect the socio-economic interests of employees.


(6) The Trade Union shall arrange for an annual audit of the separate account within six months of its financial year by an auditor who shall—
(a) conduct the audit in accordance with generally accepted auditing standards;
(b) report in writing to the Trade Union, and in this report expresses an opinion as to whether or not the Trade Union has complied with the provisions of its constitution relating to financial matters.


(7) Despite sub-clause (1) above, 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.


(8) Employees who are not members of the Employees' Organisation party to the Council are not compelled to become members of that organisation.