Pages

Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 45

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 45

Page	45 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 32 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    45

(ii)   conducting inspections:
                                  (iii)  investigating complaints; or
                                  (iv)   any other means the Council may adopt: and
                          (b)       perf•rm any other functions that are conferred or imposed on the designated agent
                                    by the Council: and
                          (c)       a designated agent of the Council has all the powers as set 0111 in schedule 10 of
                                    the Labour Relations Act:
                          (d)       issue a compliance order requiring an) person to comply with the collective
                                    agreement within 21 days of the date of the compliance order:
                          ( e)     a compliance order ma) be made an arbitration award: Provided that the parties
                                    lane been given Rau-teen (I4) days' notice that application will he made to have
                                   the compliance order made an arbitration award.
                                      23A POWERS (>F DESIGNATED AGENTS

(1)    A designated agent ma) w ithout warrant or after giving to the employer 24 hours  enter any
                     workplace or am other place N% here an employer carries on business or keeps employment records.
                     that is not a home. in order to enforce compliance with  a collective agreement concluded in the
                     Council.
              (2)    A designated agent ma) only enter a home or any place other than a place referred to in sub clause
                     (I) of this clause
                     (a)   with the consent of the owner or occupier: or
                     (h)    if authorised to do so by the I .ahour Court in ternis of sub clause (3) of this  clause.
              (3)    The Lalxrur Court nia) issue authorisation contemplated in sub clause (2)(h) of this clause only on
                     written application by a designated agent .vho states under oath the reasons lia the need to enter a
                     place. in order to monitor or enforce compliance with  a collective agreement concluded in the
                     Council.
              (4)    If it is practicable to do so. the employer and a trade union representative  must be notified that the
                     designated agent is present at a workplace and the reason fier the designated  agent's presence.
              (?)    In order to monitor or enforce compliance with the collective  agreement a designated agent may -
                     (a)   require a person to disclose. either orally or in writing. and either alone or in the presence
                           of witnesses, on a matter to which the collective  agreements relates. and require that
                           disclosure to he under oath or affirmation:
                    (b)    inspect and question a person about any record or document to which a collective
                           agreement relates;
                    (c)    cop) any record or document referred to in paragraph
                    (h)    or remove these to make copies or extracts:
                    (d)    require a person to produce or deliver to a place specified by the de;ignated agent any
                           record or document relŠrred to in paragraph (h) for inspection:
                    (e)    inspect. question a person about. and ifnecessar remove an article. substance or machiner
                           present at a place referred to in sub clause (I) and (2) of this clause;
                    (f)    question a person about an) work performed; and
                    (g)    perform an) other prescribed function necessary for monitoring  or enforcing compliance
                           with the collective agreement.
              (6)   A designated agent may he accompanied by an interpreter and  any other person if required to assist
                    in conducting an inspection.

,   ()
                                                                                 01"            \\
                                                                                         !

< page 44	View full Gazette No. 44058	page 46 >

Type your email for free alerts on latest Department of Employment and Labour notices as they are published

greengazette

Pages

Links

Publications