Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesRegional Bargaining Council for the Contract Cleaning Sector (Excluding Kwa-Zulu Natal)Main Collective Agreement37. Disputes about Interpretation, Application or Enforcement of Agreement |
| (1) | The Secretary of the Council may at any time require a designated agent to monitor compliance with the provisions of the Agreement. |
| (2) | A dispute about interpretation, application or enforcement of this Agreement may be lodged with or referred to the Secretary of the Council by any person, for resolution in terms of this Agreement. |
| (3) | The Secretary of the Council may require a designated agent to investigate the dispute. |
| (4) | The designated agent must investigate the facts surrounding the dispute and if the agent has reason to believe that a collective agreement has been breached, the agent may endeavor to secure compliance with the Agreement through conciliation. |
| (5) | The designated agent must submit, within seven days, a written report to the Secretary on the investigation, the steps taken to secure compliance and the outcome of those steps. |
| (6) | If in the course of performing a designated agent's duties an agent discovers what appears to be a breach of the Agreement, the agent— |
| (a) | must investigate the alleged breach; |
| (b) | may endeavour to secure compliance with the Agreement; and |
| (c) | must submit a report to the Secretary on the investigation, the steps taken to secure compliance and the outcome of those steps. |
| (7) | on receipt of the report, the Secretary may— |
| (a) | require the designated agent to make further investigation; |
| (b) | if further conciliation is indicated, appoint a conciliator from the Council’s panel of conciliators; |
| (c) | refer the dispute for conciliation to the disputes committee of the Council; |
| (d) | issue a compliance order; or |
| (e) | refer the dispute for arbitration in terms of this Agreement. |
| (8) | If a conciliator is appointed, the Secretary must decide the date, time and venue of the conciliation meeting and must serve notices of these particulars on the parties to the dispute. |
| (9) | If a compliance order is issued, that order must be served on the party allegedly in breach of the Agreement. |
| (10) | The Secretary of the Council may apply to make the arbitration award an order of the Labour Court under section 158(1) of the Act. |
| (11) | Should a company be found to be not complying with the provisions of this agreement, the arbitrator may impose fines as per the following tables |
TABLE ONE:
MAXIMUM PERMISSIBLE FINE NOT INVOLVING AN UNDERPAYMENT
No previous failure to comply R 100 per employee in respect of whom the failure to comply occurs
A previous failure to comply in respect of the same provision R 200 per employee in respect of whom the failure to comply occurs
A previous failure to comply with the previous 12 months or two previous failures to comply in respect of the same provision within three years R 300 per employee in respect of whom the failure to comply occurs
Three previous failures to comply in respect of the same provision within three years R 400 per employee in respect of whom the failure to comply occurs
Four or more previous failures to comply in respect of the same provision within three years R 500 per employee in respect of whom the failure to comply occurs
TABLE TWO:
MAXIMUM PERMISSIBLE FINES INVOLVING AN UNDERPAYMENT
No previous failure to comply 25% of the amount due, including any interest owing on the amount at the date of the order
A previous failure to comply in respect of the same provision 50% of the amount due, including any interest owing on the amount at the date of the order
A previous failure to comply in respect of the same provision within a year, or two previous failures to comply in respect of the same provision within three years
75% of the amount due, including any interest owing on the amount at the date of the order
Three previous failures to comply in respect of the same provision within three years 100% of the amount due, including any interest owing on the amount at the date of the order
Four or more previous failures to comply in respect of the same provision within three years 200% of the amount due, including any interest owing on the amount at the date of the order