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


Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

33. Agency Shop: Employees' Organisation



33.1 Every employer shall deduct weekly or monthly, as the case may be, from remuneration or basic salary or wages of his employees, 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 Main Collective Agreement, the amount so deducted to the General Secretary of the Council, 15 Edward Street, Roodepoort, 1724, no later than the seventh day of each month following on the month in which the deductions were made.


The Council shall thereafter prepare an analysis of all amounts received from the employers by way of either 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, which percentage will be determined and agreed upon from time to time by the parties to the Council.


33.1.1 Part-time employees will exempted for paying the Agency Fee subject to Clause 10.2


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


33.3 The General Secretary of the Council shall deposit all monies received in terms of clause 33.1 into the Council's account and at the end of each month—
33.3.1 pay all membership fees/levies received to the Trade Union; and
33.3.2 the Trade Union shall deposit all the levies received into a separate account administered by the Trade Union.


33.4 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:—
33.4.1 paid to a political party as an affiliation fee; or
33.4.2 contributed in cash or kind to a political party or a person standing for election to any political office;
33.4.3 used for any expenditure that does not advance or protect the socio-economic interests of employees.


33.5 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—
33.5.1 conduct the audit in accordance with generally accepted auditing standards;
33.5.2 report in writing to the Trade Union, and in this report express an opinion as to whether or not the Trade Union has complied with the provisions of its constitution relating to financial matters and the provisions of sub clause 33.4.


33.6 The Trade Union shall submit to the Council, within 30 days of receipt of the auditor's report referred to in 33.5, a certified copy of that report.


33.7 Any person may inspect the auditor's report submitted to the Council in terms of 33.6 at the Council's offices, 15 Edward Street, Roodepoort, 1724.


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


33.9 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.


33.10 Any dispute about the application or interpretation of the provisions of this clause shall be resolved in terms of Section 24 (6) of the Labour Relations Act.

Enforcement of the provisions of this clause shall be dealt with in accordance with the enforcement provisions as set out in the Main Collective Agreement—Clause 31.