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


National Bargaining Council for the Clothing Manufacturing Industry

Consolidated Provident Fund Collective Agreement for the KwaZulu-Natal Region

5. Establishment and Functions of Management Committee



(1) The administration of the Fund shall be vested in the Management Committee, consisting of 3 (three) employers' representatives and 3 (three) employees' representatives appointed by the National Bargaining Council for the Clothing Manufacturing Industry for its KwaZulu-Natal Chamber at a duly constituted meeting of the Council, together with the Chairperson and Vice-Chairperson of the KwaZulu- Natal Chamber, who shall be ex officio members of the Management Committee.


(2) For each representative an alternate shall be appointed.


(3) 2 (two) employers' representatives and 2 (two) employees' representatives shall constitute a quorum. The Chairman shall have a deliberative vote only. Alternates of members who are absent may be counted as full representatives for the purpose of a quorum and if no quorum is present within thirty minutes of the time fixed the meeting will stand adjourned to a date no later than 7 (seven) days thereafter to be fixed by the Chairman. At the meeting held by virtue of such adjournment of which members shall be given a written notice, those present shall form a quorum. For the purpose of a quorum, the Chairman and Vice-Chairman of the Council shall, if present be regarded as representatives. If any representative is absent from any meeting and is not represented by an alternate, the voting power of the side he represents shall be reduced, a similar reduction shall be made on the other side to preserve equality of voting power. No motion shall be considered unless seconded and all matters forming the subject of motions shall be decided by majority vote of those present.


(4) All expenses of administration shall be a charge against the Fund.


(5) The Management Committee shall have power to—
(a) sanction all payments and expenditure on behalf of the Fund;
(b) engage and dismiss employees of the Fund, fix their remuneration, and define their duties;
(c) supervise the working of any subcommittee appointed;
(d) appoint sub-committees to help in the administration of the Fund;
(e) draft rules for the payment of benefits and fix the time and place for such payments;
(f) contract with an underwriter to underwrite such death, disability, medical or funeral benefits as the committee may deem necessary and desirable, and shall authorise the payment of all such premiums as shall become due and payable under such policy for insurance as may be required by the underwriter;
(g) perform all such other duties as the Committee may deem necessary or desirable for the proper administration of the Fund.


Two copies of the rules of the Fund and any amendments thereof which shall not be inconsistent with the Act or this Agreement shall be lodged with the Secretary of the Council who shall transmit one copy to the Director-General: Department of Labour.