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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section lll : Regulation of Agreement

Part K : Monitor and Enforcement

39. Designated Agent(s)

Purchase

39.1.

The Council is responsible for the administration and enforcement of this agreement and shall request the Minister of Labour to appoint a designated agent to do so as contemplated in section 33(1) of The Act.

39.2.

Despite section 33A (3) of The Act, a designated agent appointed in terms of subclause 39.1 may promote, monitor and enforce compliance with this agreement under the auspices of the Secretary of the Council as prescribed in this agreement.

39.3.

A designated agent shall fulfil his functions by—

39.3.1.

advising employees and employers of their rights and obligations in terms of this agreement;

39.3.2.

conducting inspections on instruction of the Secretary of the Council as contemplated in subclause 38.1 above;

39.3.3.

conducting investigations on instruction of the Secretary of the Council as contemplated in subclause 38.3 above;

39.3.4.

endeavouring to secure compliance with this agreement by securing undertakings as contemplated in subclause 38.3 above;

39.3.5.

requesting the Secretary to issue a compliance order as contemplated in subclause 38.7 above; and

39.3.6.

performing any other prescribed function.

39.4.

A designated agent may not perform any function in terms of this agreement in respect of an undertaking in respect of which the designated agent has, or may reasonably be perceived to have, any personal, financial or similar interest.

39.5.

In order to monitor and enforce compliance with this agreement a designated agent is bestowed with powers within the Council's as prescribed in Schedule 10 of The Act: Provided item 12 is amended to refer to this agreement as section 3(3) of the Basic Conditions Of Employment Act of 1997 as amended, excludes the employees within the scope of the Council.

39.6.

In any proceedings concerning a contravention of this agreement it is for the employer—

39.6.1.

to prove that a record maintained by or for that employer is valid and accurate; and

39.6.2.

who has failed to keep any record required by this agreement that it is relevant to those proceedings, to prove compliance with any term of this agreement.