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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 46

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 46

Page	46 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 33 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

46    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

(7)    A designated agent must -
                     (a)    produce on request a copy of the authorisation referred to in sub clause (3) of this clause:
                     (h)    pros ide a receipt !Or any record or document removed in terns of sub clause (5) of this
                            clause and
                     (c)    return :sty removed record. document or item within 7 days of the date of compliance.
               (8)   Any person who is questioned by a desienated agent in terms of sub clause (5) atilt: clause must
                     answer all questions paw fltll. put to that person truthful!. and to the best of that person's ahilith
                                                                                                    .
               (9)   An answer by any person to a question by a designated agent in terns of this clause may not be
                     used against that person in any criminal proceedings. except proceedings in  respect of a charge of
                     perjury or making a false statement
               (IO)  !.very employer and each employee must provide any facility and assistance at a workplace that is
                     reasonably required b. a designated agent to effectively perform the designated agent's functions.
               (I I)  The Council may :tpph to the Labour Court t'or an appropriate order against any person who -
                     (a)    Refuses or tails to answer all questions law full. put to that person truthfrlly and to the best
                            of that person's ahilil\  .
                     (b)    Refuses or fails to comply with any requirement of the designated agent in terms of this
                            clause: or
                     (c)    [finders the designated agent in the performance of the agent's functions in ternis of this
                            clause.
              (I2)   For the purpose of this clause. a collective agreement is deemed to include any basic condition of
                     employment which constitutes a term ofa contract of emplriynunt in ternis ol'section 49(1) of the
                     Basic Conditions of Employment Act. 1997.
               It is an offence to -
                     (a)    obstruct or attempt to improper!. influence a designated agent or other person who is
                            performing a function in ternis of this Agreement:
                     (b)    present or submit a false or forged document:
                     tc)    pretend to he a designated agent of this Council perfirrming a function in terms of this
                            Agreement:
                     (d)    refuse or tail to answer fully an lawful question put h. an agent. designated agent or other
                            person in the performance of his duties in terms of this Agreement:
                     (e)    refuse or fail to contpl... ith any law ful request or (awful order by a designated agent or
                            person in the performance of his duties in terms of this Agreement:
                     (fl    hinder or obstruct a designated agent or any other person performing a function in terms of
                            this Agreement. t 1110n comm N iction ofany of the offences mentioned in sub clause 12 above.
                           a penalty similar to that prescribed in section 92 and 93 of the I3asie (Conditions of
                            Fmplo. ment Act. No 75 of 1997. as amended. may he imposed.
                                           24. DISPLAY OF A(:RI:h:111P.NT

(1)    I he parties agree that the English .ersion of this agreement shall determine the meaning and
                     intention of the parties and be made a% aifahle h. the Council for inspection b. an. person at the
                     Council's office between 091100 and 1 51100 on am working daN.
              (2)    The employer must display a copy of this Agreement in a prominent place in the workplace and
                     make it mailable to an employee on demand.

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