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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

24. Designated Agents and Enforcement of Collective Agreement

 

 

1. The Council must appoint one or more specified persons as agents to monitor and enforce the provisions of this Agreement.

 

2. The Council must, in terms of Section 33 of the Act, request the Minister of Labour to confer on the Council's designated agent(s) the powers:—
(a) of a commissioner set out in Section 142 of the Act, except the powers conferred by Section 142 (1) (c) and (d) of the Act;
(b) of a labour inspector set out in clauses 66 and 65 of the Basic Conditions of Employment Act of 1997.

 

3. In order to monitor and enforce compliance with this Agreement, the designated agent may:-
(a) without warrant or notice, at any reasonable time, enter any establishment and inspect premises, examine records and question the employer or any employee;
(b) issue a compliance order requiring any person bound by this Agreement to comply with the collective agreement within a specified period of time.

 

4. The council may refer any unresolved dispute concerning compliance with any provision of this Agreement to arbitration by an arbitrator appointed by the council. If a party to an arbitration in terms of this clause, that is not a party to the council, objects to the appointment of an arbitrator, the secretary of the council, must request the Commission for Conciliation Mediation and Arbitration to appoint an arbitrator.

 

5. An arbitrator conducting an arbitration in terms of this clause has all the powers of a commissioner in terms of Section 142 of the Act.

 

6. Section 138 of the Act applies to any arbitration conducted in terms of this clause.

 

7. An arbitrator acting in terms of this clause may determine any dispute concerning the interpretation or application of this collective agreement.

 

8. An arbitrator conducting an arbitration in terms of this clause may make an appropriate award, including:—
(a) ordering any person to pay any amount owing in terms of this Agreement;
(b) imposing a fine for a failure to comply with this Agreement in accordance with the schedule of maximum fines' published by the Minister of Labour;
(c) charging a parry an arbitration fee;
(d) ordering a parry to pay the costs of the arbitration;
(e) confirming, varying or setting aside a compliance order issued by a designated agent;
(f) any award contemplated in Section 138 (9) of the Act.

 

9. An award in an arbitration conducted in terms of this clause is final and binding and may be enforced as if it were an, order of the Labour Court in terms of Section 143 of the Act.