D32
Agency Shop: Employers' Organisation

32. AGENCY SHOP : EMPLOYERS’ ORGANISATION
32.1 Every employer that belongs to the employers’ organization shall pay a monthly membership fee in an amount calculated in terms of sub clause (3)
32.2 Every employer that does not belong to the employers’ organisation shall pay a monthly levy in an amount calculated in terms of 32.3.
32.2.1 Employers who are not members of the Employers’ Organization Party to the Council are not compelled to become members of that organisation.
32.3 The amount of the monthly membership fee or monthly levy shall be calculated in accordance with the following areas:
(a) In area Southern Gauteng – R242-00
(b) In area Alberton – R131-00
(c) In area Bloemfontein – R100-00
(d) In area Klerksdorp – R100-00
(e) In area East London – R  86-00
(f) In area Port Elizabeth & Uitenhage – R120-00
(g) In area Kimberley – R  53-00
(h) In area Vereeniging – R197-00
32.3.1 From time to time the employers’ organisation shall be entitled to review the membership fees and/or levies and implement any increase it may deem fit.
32.4 Every employer shall pay the monthly amount to the General Secretary of the Council, P O Box 1963, Roodepoort, 1725, before the 7th day of each month.  The Council shall thereafter prepare an analysis of all amounts received from employers 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, which percentage will be determined and agreed upon from time to time by the parties to the Council.
32.5 The General 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-
32.5.1 pay all membership fees received to the employers’ organisation; and
32.5.2 deposit all the levies received into a separate account administered by the employers’ organisation.
32.6 The monies held in the separate account may be used only for Expenditure incurred by the employers’ organisation relating to collective bargaining or dispute resolution in the industry and may not be:-
32.6.1 paid to a political party as an affiliation fee: or
32.6.2 contributed in cash or kind to a political party or a person standing for election to any political office.
32.7 The employers’ organization shall arrange for an annual audit of the separate account within six months of its financial year by an auditor who-
32.7.1 conducts the audit in accordance with generally accepted auditing standards;
32.7.2 reports in writing to the employers’ organisation, and in this report expresses an opinion as to whether or not the employers’ organisation has complied with the provisions of its constitution relating to financial matters and the provisions of subclause 32.6.
32.8 The employers’ organisation shall submit to the Council, within 30 days of receipt of the auditor’s report referred to in subclause 32.7, a certified copy of that report.
32.9 Any person may inspect the auditor’s report submitted to the Council in terms of subclause 32.8 at the Councils offices situate at 15 Edward Street, Roodepoort.
32.10 The Council shall provide a certified copy of, or extract from, the auditor’s report to any person requesting such copy or extract.
32.11 A conscientious objector may request the Council to pay the levy received into a fund administered by the Department of Labour.
32.12 Any dispute about the application or interpretation of the provisions of this clause shall be referred to conciliation and if the dispute remains unresolved to arbitration.  Provided that the parties mutually agree on such conciliator and arbitrator.  If no agreement is reached within 30 days of lodging of the dispute, the conciliator and arbitrator, who must be senior counsel, shall be appointed from the ranks of an accredited agency. Enforcement of the provisions of this clause shall be dealt with in accordance with the enforcement provisions as set out in Clause 31.

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