(b) by the employers and employees in the Clothing Industry who are members of the employers' organisations and the trade union, respectively.

(a) by all employers who are members of the employers' organisation and by all employees who are members of the trade union and who are engaged or employed in the said Industry;

(b) within the Magisterial Districts of-

(a) That his contract of service may not be terminated without a month's notice;

(b) that his monthly remuneration may not be reduced as a result of short time working, unpaid public holidays or periods of absence through illness, not exceeding 10 working days in any one year of employment and subject to the production of a medical certificate, if required by the employer.

(a) all operations incidental thereto and consequent thereon and all succeeding processes or operations performed in connection therewith carried on by such employers and any of their employees irrespective of the process or method used in such making and irrespective of whether such processes or operations are performed on the premises of such employers, or elsewhere;

(b) all types of hand-sewing operations (including beading and embroidery), whether by hand and/or machine, on garments and/or parts of garments and irrespective of whether or not such operations are performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(c) any of the aforementioned items made for quantity production tailoring made to the order of any government department, provincial administration, S A Airways, Telkom, Transnet or local authority;

(d) any part(s) of garments whether by means of a knitting process or otherwise;

(e) design-room services, irrespective of whether or not such services are provided by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(f) fully-fashioned and/or semi-fashioned garments knitted on circular, flat or full-fashioned machinery;

(g) screen process printing on garments and parts of garments performed in a clothing, textile and/or knitting establishment;

(h) tailored outer garments for the execution of special measure orders from dealers whose customers' measurements are taken by or on the responsibility of such dealers;

(i) the changing of labels, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(j) the making of button-holes, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(k) the ironing of garments and/or parts of garments irrespective of whether or not such ironing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work on newly manufactured garments on behalf of such employers and any of their employees;

(l) the making up of garments from knitted fabric in the establishment in which the fabric was knitted;

(m) the making up of sample garments and/or parts of garments, irrespective of whether or not such operation is performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees;

(n) the marking-in and/or cutting of garments or parts of garments, irrespective of whether or not such operation(s) is/(are) performed by such employers and any of their employees or by an establishment or persons undertaking such work on behalf of such employers and any of their employees; and

(o) the packing of garments and/or parts of garments irrespective of whether or not such packing is done in the establishment in which such items were manufactured or in an establishment or by persons undertaking such work with newly manufactured garments on behalf of such employers and any of their employees;

(a) belts, braces, garters, suspenders and armlets manufactured from leather;

(b) boxing gloves;

(c) retail dressmaking, i.e., the making of single garments to the measurement of individual persons;

(d) retail millinery, i.e., the making of hats in shops for sale in such shops and the making of single hats to the measurement of individual persons;

(e) tailor-made garments for individual persons, provided such garments are not manufactured in a factory.

(a) Cleaning vehicles or machines;

(b) loading or unloading goods;

(c) carrying goods or stacking;

(d) packing goods for despatch or delivery, nailing up packing cases or sewing up bales;

(e) delivering letters, messages or goods no foot or by means of a foot or hand propelled vehicle;

(f) making or maintaining fires or removing refuse or ashes;

(g) mixing rubber solutions for rubberised garments;

(h) fixing machine belts;

(i) lubricating machines;

(a) Applying adhesive solutions on seams, edges and other parts of clothing and rolling them over with a roller;

(b) attaching of ornamental trimmings or fasteners by hand or press;

(c) cutting of aprons;

(d) fastening permanent turn-ups;

(e) fastening catch in top of trousers and various odds and ends of sewing by hand;

(f) fastening edge-stays;

(g) fastening by hand facings inside already based into position;

(h) feeding into and taking out of automatic roller or form presses;

(i) felling bindings;

(j) felling crutch linings in trousers;

(k) hemming bottoms by hand;

(l) folding of garments and/or inserting folded garments into containers;

(m) ironing open seams during the course of production and ironing loose collars;

(n) making and sewing on hangers by hand;

(o) making covered buttons and/or buckles;

(p) making of the positions for pockets, buttons, loops, fasteners, darts, turn-ups, buttonholes, hems and the like, preparatory to further operations;

(q) marking and/or trimming of the shapes of the necks of shirts and underwear;

(r) marking off and/or cutting by hand of any trimming (not being piecegoods) to a given length or shape;

(s) marking by template and cutting to shape of materials previously cut out;

(t) nipping by machine or hand;

(u) pinning of finished garments;

(v) putting on bridles by hand;

(w) pulling out bastings;

(x) sewing buttons by hand;

(y) soaping;

(z) sorting out of garments or parts of garments as required for various operations-

(ab) tacking;

(ae) turning bonnet brims and pressing same;

(ag) turning sleeves or trousers inside out;

(ah) underpresser;

(i) Fetching or taking patterns, garments, parts of garments, cotton, cloth or trimmings to and from the different departments in the establishment;

(ii) cutting out patterns after they have been marked out by pattern makers or pattern graders;

(iii) stamping identification details such as size, style and season on cut out patterns;

(a) Felling linings or seams already basted into position;

(b) felling necks, shoulders or arm-holes;

(c) felling waistband linings or parts thereof;

(a) putting material between two paper looms (formers) and preparing for steambox in hand or loom pleating process;

(b) putting prepared formers in steambox and taking them out again in hand or loom pleating process;

(c) taking material out of looms in hand or loom pleating process;

(d) guiding material with paper through automatic pleating machine;

(i) if an employer regularly pays an employee an amount higher than the basic wage as specified in subclause 6.1 in respect of such ordinary hours, it shall mean such higher amount;

(ii) the first proviso shall not be construed so as to refer to or include any remuneration which an employee who is employed on any basis provided for in subclause 6.10 received over and above the amount which he would have received if he had not been employed on such a basis;

(1) One qualified employee shall be employed by an employer before a reamer may be employed by him and the number of learners employed by him shall not exceed three times the number of qualified employees employed by him.

For the purposes of this subclause, a learner receiving not less than the remuneration of a qualified employee may be deemed to be a qualified employee.

(2) One qualified marker-in shall be employed by an employer before a layer-up may be employed. Whenever any vacancy for a marker-in occurs in any establishment, the employer shall fill the vacancy from among the cutters-out in his employ provided such employee is suitable.

(3) One qualified presser shall be employed by an employer before an employee may be employed on-

Rainwear section; men's outerwear section; women's outerwear section; men's or women's underwear section; infants' end children's clothing section; workwear section; may when engaged in a qualified machinist whose previous experience was gained in one or more of the other sections specified, pay such machinist for a maximum period of four weeks a commencing wage of one notch below that to which he is entitled and thereafter to progress him according to the learnership scale applicable to machinists: Provided that such machinist shall be paid the wage of a qualified machinist as soon as such machinists is again engaged in the section in which the previous experience was gained.

For the purposes of this subparagraph "workwear section" means that section of the Industry in which boiler-quits, overalls, dustcoats, waiters' jackets and office jackets are manufactured;

(b) when an employee transfer an employee in any category to another category for which a higher wage is specified, he shall pay such employee for the first 26 weeks not less than the wage he was receiving or was entitled to receive in such first-named category and shall thereafter pay him in accordance with the scale of wages for employees in the category to which such employee was transferred commencing at the next highest notch.

(1) An employer shall pay increases due to his employees during each calendar year on the following basis:

(2) Notwithstanding anything to the contrary herein, the wage of an employee, who immediately prior to the date on which this part of the Agreement comes into operation, is in respect of a wage higher than that specified for the class of work on which he is engaged shall, with effect from the date on which this part of the Agreement comes into operation, be increased by an amount equal to the difference between the wage as agreed by the parties as at 1 September 2007 and the wage specified in this part of the Agreement for the class of work on which he is engaged.

(3) Nothing in this part of the Agreement shall operate to reduce the wage which was being paid to the employee at any time prior to or at the date of coming into operation of this part of the Agreement.

(4) Notwithstanding the fact that the ordinary hours of work in any establishment are less than 42 in any week, the full minimum weekly remuneration shall, save for any deductions permitted under subclauses 6.8 (3) and 7.4 (3) of this part of the Agreement, be paid to each employee.

(1) No deductions of any description shall be made from the amount due to an employee: Provided that-

(2) In any establishment where work is performed by employees organised in sets or teams, each employee shall be paid his earnings by the employer in whose establishment the work is performed or by his representative.

(1) (a) Payment for overtime shall be not less than one and a half times the hourly wage for each hour or part of an hour so worked or, in the case of piece work, not less than one and a half times the ordinary rate of wage for all work done during each hour: Provided that-

(2) (a) If an employee works on a Sunday, his employer shall either pay the employee-

(3) If overtime calculated on a daily basis differs from that calculated on the weekly basis, the basis more favourable to the employee shall be adopted.

(4) Subject to the provisions of subclause 7.1 (4), the provisions of this clause shall not apply to a watchman.

(1) An incentive bonus scheme and/or conveyor belt system may be introduced in any establishment by mutual agreement between the management, representatives of the trade union and the employees concerned and may be altered only by mutual agreement between these parties. Such schemes may be terminated by either the employer or the trade union giving not less than one week's notice.

(2) Any dispute concerning the introduction or working of any scheme which cannot be settled in the factory be negotiation between the employer, the employees and the trade union official shall be referred to the Council.

(3) An incentive bonus scheme may be introduced in respect of some of the employees employed in a particular section of an establishment: Provided that it shall be applied within a reasonable period after its commencement to all employees engaged in the production of the particular garment in respect of which the scheme has been introduced.

(4) Subject to the provisions of subclauses 6.8 (1) and 7.4 (3), such incentive bonus scheme and/or conveyor belt system shall enable an employee to earn at least 10 per cent in excess of the specified wage.

(5) A copy of the incentive bonus rates and subsequent alterations thereto, agreed upon and duly signed by the employer and the Secretary of the trade union, shall be filed with the Secretary of the Council and the employer shall keep a copy thereof posted in a conspicuous place readily accessible to his employees.

(6) When an employee is remunerated on an incentive bonus and/or conveyor belt basis, his ordinary rate of wage shall, for the purpose of overtime in terms of clause 8, be calculated as though he were paid by the hour and shall be ascertained at any date by dividing his total earnings, excluding overtime, during the three months immediately preceding that date or during the total period of his employment on an incentive bonus basis by the employer concerned, whichever is the shorter, by the number of hours worked, excluding overtime, during the period in respect of which such earnings were paid.

(1) No employer shall require or permit an employee-

(2) For the purposes of subclause 7.1 (1) (a), an employee who does not work on any holiday referred to in subclause 8.1 (2) or who on such holiday works less than his average ordinary working hours for that day of the week in which such holiday falls, shall be deemed to have worked his average ordinary working hours on that day.

(3) Notwithstanding the provisions of subclause 7.1 (1) (g), an employee engaged on shift work on embroidering or pleating machines may be permitted to commence work earlier than 07:45 but not earlier than 06:00, and the second shift worked on any one day may extend beyond 18:00: Provided that an employee on such shift work shall not be required or permitted to work after 22:00.

(4) The provisions of this clause shall not apply to a watchman whose hours of work do not in total exceed 72 hours per week and whose employer grants him a day off of 24 consecutive hours in respect of every week of employment: Provided that-

(1) Notwithstanding the provisions of subclause 7.1 (1) (a), (b) and (c) of this part of the Agreement, no employer shall require or permit an employee to work overtime-

(2) Notwithstanding the provisions of the first and second provisos to subclause 7.2 (1), where an employer requires an employee to work overtime for more than one and a half hours on any day, such an employer shall provide such employee with an adequate meal before he has to commence overtime, or pay such employee an allowance of not less than R5 in sufficient time to enable the employee to obtain a meal before the overtime is due to commence.

(4) Twilight Shift

(5) Aggregation of Overtime

For the purposes of determining the number of hours, or part thereof, which an employee should be paid at overtime rates, the hours worked outside the employee’s normal working hours in terms of clause 7.1 of this part of the Agreement may be reduced by the number of hours or part thereof, in that pay week that the employee was absent.

Provided that no reduction of the overtime worked by an employee shall be made should the absence result from any of the following:

(6) Under no circumstances shall an employee be refused the opportunity to work overtime on the grounds of having been absent.

(1) No employer shall require or permit an employee-

(2) A rest interval of not less than 15 minutes during which no work shall be performed, shall be allowed to each employee as nearly as practicable to the middle of each morning work period, and a rest interval of 10 minutes shall be allowed to each employee as nearly as practicable to the middle of each afternoon work period. Such intervals shall be reckoned as time worked. Utensils and boiling water for making tea shall be provided by the employer and be available for the employees at the commencement of each rest and lunch interval.

(1) The employer shall notify and consult with the union at least five days in advance of the intention to work short-time, except where the employer shows that it was impractical to give such notice.

(2) Where short-time is being worked in any establishment, the work shall be distributed as evenly as possible amongst the employees in each of the sections or departments concerned.

(3) Where short-time is being or has been introduced in any establishment, employees who are not informed and are present for work on a particular day, shall be employed for at least half a day or be paid a day's wage in lieu thereof. For the purposes of this subclause "day's wage" shall mean the wage usually paid in respect of the hours constituting a fully day's work (i.e. other than the usual short days in the establishment).

(1) (a) Every employer shall grant to his employees during December in each year:

(2) On termination of employment, the employer shall pay the employee the amount of leave allowance due as at the date of such termination, calculated as provided in subclause 8.1 (1): Provided that where an employee is required to forfeit a week's wages in lieu of notice to an employer in terms of the provisions of subclause 9.1 (4) of this part of the Agreement, the leave pay due to such an employee may be used to offset the difference between the wages accrued to the employee and the wage to be forfeited, provided the accrued wages are less than the amount of the wage to be forfeited: Provided further that the amount so forfeited shall not exceed one week's wages.

(3) Employment for half a month or over shall be reckoned as employment for a full month for the purposes of calculating the leave allowance payable in terms of subclause 8.1 (1) and 8.1 (2). "Half a month" shall mean any period of 15 consecutive calendar days (irrespective of working days).

(4) The amount of the leave allowance payable in terms of subclauses 8.1 (1) and 8.1 (2) shall be calculated at the rate of remuneration which the employee was receiving immediately prior to the date from which his holiday is granted or on which his employment is terminated, as the case may be, and the provisions of subclause 6.10 (6) shall also apply where work is being done on a piece work basis of remuneration.

(5) Any period during which an employee-

(6) In this clause the expression "employer" includes-

(1) Public holidays shall be granted in terms of the Public Holidays Act, 1994 (Act No. 36 of 1994):

(2) No work shall be performed after 13:00 on the day immediately preceding Good Friday and the employees shall be granted the afternoon off and shall receive for such afternoon full pay in respect of the hours normally worked on Thursday afternoons: Provided that where work is performed on such afternoon the employees shall in addition to their ordinary wages be paid at overtime rates for all time worked after 13:00 on that day: Provided further that the provisions of this subclause shall not apply in respect of an employee who is absent from work during the morning work period of the day immediately preceding Good Friday.

(3) (a) Notwithstanding anything contained in this part of the Agreement, any establishment may be closed for any reason other than short time during any period of work specified for the establishment in terms of subclause 7.1 (1) of this part of the Agreement by mutual arrangement between the employer and not less than 75 per cent of the employees affected by such closing.

(4) For the purposes of this subclause, employment shall be deemed to commence from-

(1) Notwithstanding anything to the contrary contained in this part of the Agreement, the provisions of this subclause shall apply only to female employees proceeding on and returning from maternity leave.

(2) Female employees with not less than one year's service with the same employer shall be entitled to maternity leave for a maximum of sixth months, subject to the following conditions:

(3) The period of absence on maternity leave shall be deemed to be continuous for the purpose of accruing annual leave.

(4) An employer shall be entitled to replace the service of any employee who is away from work on maternity leave with a temporary employee.

(5) Where an employee is absent or proceeds on maternity leave during the annual shutdown, such employee shall be entitled to the holiday pay accrued in terms of subclause 8.1 up to the date the maternity leave commenced: Provided that, on re-employment, the employee is paid the difference between the full leave allowance due as prescribed in subclause 8.1 and the accrued holiday pay paid.

(1) Compassionate/paternity leave amounting to three days per year shall be granted to an employee as follows:

(2) Payment for such leave shall not be made by the employer, but from the Supplementary Benefits Fund.

(1) Subject to the provisions of subclause 8.5 (2), an employer shall grant to an employee who is absent from work through incapacity, sick leave on full pay amounting to-

(2) The provisions of subclause 8.5 (1) shall not apply where the employer and his employees participate in a sick or other fund which entitles the employees to receive sick pay, which in the opinion of the Council, amount in the aggregate to not less than that provided in subclause 8.5 (1).

(1) Whenever an employer or an employee intends terminating a contract of employment, he shall give the other party one week's notice in writing, and such notice shall take effect from the first day of the usual working week of the employee: Provided that this provision shall not apply in the case of an employee engaged on trial for a period of not less than and not exceeding 15 consecutive working days, in which case notice may be given on any working day: Provided further that if any written contract of employment provides for a period of notice of equal duration for both parties which is longer than one week, notice shall in accordance with such contract be given over such longer period.

(2) Notwithstanding the provisions of subclause 9.1 (1) and provided such a termination of the employment contract takes effect from the first day of the usual working week-

(3) The provisions of this subclause shall not-

(5) No employer shall dismiss any employee by reasons of such employee's absence from work-

(6) An employer employing less than 50 employees may after a period of four weeks temporarily replace the services of an employee who is absent from work in terms of subclause 5 (a) or (b): Provided that the employee on notifying his employer of his intention to resume work shall be re-engaged after a maximum of one week from the date of such notification.

(1) Every employer shall issue a certificate of service free of charge to each of this employees at the time when he leaves such employer's service. The certificate shall show the employee's full name, address, age, occupation, sex, rate of pay per week at the time of engagement, rate of pay per week at the time of leaving, date of entering service, date of leaving service, date of last increase, and number of certificates which was produced by the employee in terms of subclause 9.2 (3) when entering his employment. All certificates issued by each employer shall be numbered consecutively signed by the employer or his representative, and a duplicate of each certificate shall be retained by him.

(2) A duplicate copy of each certificate issued in terms of this section shall be forwarded to the Secretary of the Council, P.O. Box 3220, North End, 6056.

(3) An employer shall before engaging any applicant for work require such applicant to produce a certificate of service issued in accordance with the provisions of subclause 9.2 (1) or a certificate issued by the Secretary of the Council, specifying the experience the applicant has had, which certificate shall be issued by the Secretary of the Council on request. The employer shall forward to the Secretary of the Council such certificate with the specified engagement form containing the undermentioned particulars not later than one week after the applicant has commenced work. The engagement form shall show the full name of the employee, name of factory, address of employee, occupation, age, sex and rate of pay per week, and shall be signed by the employer.

(1)  No employer who is a member of an employers' organisation (which is a party to the Council), shall continue to employ an employee -

(2) Every employer shall forward all deductions made from the remuneration of employees in respect of union membership fees to the Secretary of the Eastern Cape Regional Chamber of the Council, P O Box 3220, North End, 6056, not later than the seventh day of the month following that to which it refers. The Regional Chamber shall forward the amounts to the Secretary of the union, together with such analyses of the amounts as are received from employers.

(3) For this part of the Agreement no union membership subscriptions may be -

(4) Provided that the provisions of this clause will also not be applicable to:

(5) Provided further that the provisions of section 26(3)(c) of the Act shall be observed by the parties to the Council and to whom this clause is applicable.

(a) interviewing employees on trade union matters;

(b) enrolling new members;

(c) posting and distributing notices issued by the trade union;

(d) collecting members' contributions to the trade union.

(1) Provided that an outline of each such training course has been lodged with the Bargaining Council, and is available on request to any employer, shop stewards shall be entitled to three days' paid leave per annum per shop steward to attend shop stewards' "raining courses, if such attendance falls within normal working hours.

(2) In addition to the leave granted in subclause 11.3 (1) above, shop stewards shall be eligible for and have access to further paid leave to attend to trade union duties. This additional leave shall be calculated at seven days per annum per shop steward. At each establishment, this additional leave shall be pooled and the shop stewards shall be entitled to use the additional leave so pooled to attend to trade union duties in any manner that the trade union deems fit: Provided that in establishments employing five or fewer employees, the trade union shall give the employer ten days' written notice of the activity for which it seeks time off in terms of this clause.

(1) The Fund established in terms of the Agreement published under Government Notice No. 1724, dated 21 September 1956, known as the Clothing Industry Welfare Fund (in this clause referred to as the "Fund"), is hereby continued.

(2) The objects of the Fund shall be the provision of financial assistance to employees who-

(3) (a) The employer shall deduct an amount of 60 cents per week from the wages of each employee.

(4) An employee who has been employed in the Industry for not less than 13 weeks and who has been absent from work on account of short-time, shall be entitled to 50% of his actual daily wage: Provided that no benefits shall be paid to an employee who earns the equivalent of four days' wages in any week, irrespective of the number of days such an employee may work during that week: Provided further that the amount paid to an employee shall not be in excess of 10 days in any period of 12 consecutive calendar months.

(5) An employee who has been a member of the Fund for 13 weeks, shall be entitled to financial assistance by way of tuberculosis pay at the rate of 50% of his actual wage for a consecutive period of not more than eight weeks commencing on the day the employee, certified to be suffering from tuberculosis by a medical practitioner, ceased work on the instructions of such medical practitioner, or for such lesser period as the medical practitioner may deem it necessary for the employee to remain absent from his place of work due to his contraction of tuberculosis: Provided that-

(6) An employee who has been a member of the Fund for 13 weeks and who satisfies the Council that because of defective eyesight, he has had to obtain spectacles, shall be paid an amount of R20 towards the cost thereof: Provided that not more than one such payment shall be made during each cycle of 24 months.

(7) An employee proceeding on maternity leave in terms of subclause 8.3 shall be entitled to a grant of R500: Provided that-

(8) An employee who has been a member of the Fund for 13 weeks and who proceeds on compassionate/ paternity leave in terms of subclause 8.4 shall be entitled to claim leave pay.

(9) All moneys paid into the Fund shall be deposited in a special account to be opened in the name of the Fund at a bank and/or institution approved by the Council. All payments from the Fund shall be by cheque on the Fund's accounts and such cheques shall be signed by two persons duly authorised thereto by the Council.

(10) Any moneys regarded by the Council as being surplus to its requirements may be placed on deposit with a bank or registered building society: Provided that sufficient money is kept in such liquid form as will enable the Council to meet its liabilities immediately it is called upon to do so.

(11) A public accountant shall be appointed by the Council to audit the accounts of the Fund annually and not later than 31 March in each year, and to prepare a statement showing-

(12) In the event of the expiry of this part of the Agreement through effluxion of time or cessation or through any other cause, the Fund shall continue to be administered by the Council until the Fund is liquidated or transferred to a fund duly constituted for the same purpose for which the original Fund was created: Provided that the Fund shall be liquidated unless an agreement providing for the continuation of the Fund or for the transfer of its moneys as aforesaid, is entered into within one year of the date of expiry of this part of the Agreement.

(13) In the event of the dissolution of the Council or in the event of its ceasing to function during any period in which this part of the Agreement is binding in terms of section 61 (5) of the Act, the Fund shall continue to be administered by a committee consisting of the members of the Council at the date on which the Council ceases to function or is dissolved: Provided, however, that any vacancy occurring on the Committee may be filled by the Registrar of Labour Relations from employers or employees in the Industry, as the case may be, so as to ensure an equality of employer and employee representatives and of alternates in the membership of the Committee. In the event of such Committee being unable or unwilling to discharge its duties or a deadlock arising thereon which renders the administration of the Fund impracticable or undesirable in the opinion of the Registrar of Labour Relations, he may appoint a trustee or trustees to carry out the duties of the Committee and who shall possess all the powers of the Committee for such purposes.

If there is no Council in existence upon the expiry of this part of the Agreement, the Fund shall be liquidated by the Committee or the trustees, as the case may be, in the manner set forth in subclause 12.1 (12) and if upon such expiry the affairs of the Council have already been wound up, and its assets distributed, the balance of this Fund shall be distributed as provided for in section 59 (5) of the Act, as if it formed part of the general funds of the Council.

(14) Upon liquidation of the Fund in terms of subclause 12.1 (12), the moneys remaining to the credit of the Fund after the payment of all claims against the Fund, including administration and liquidation expenses, shall be paid into the funds of the Council.

(15) All costs of administration and liquidation of the Fund shall be charge upon the Fund.

(1) Every employer may supply scissors to his employees at the price paid therefor by him.

(2) Where the cost of scissors supplied to an employee does not exceed R1, the employer may deduct the cost thereof from the wages of the employee in instalments of not more than 10c per week. Where the cost of scissors exceeds R1, the deductions shall be at a rate mutually agreed upon between the employer and his employee. The scissors shall be kept sharpened and otherwise in good order by the employer without cost to the employee.

(1) R1,30 shall be deducted every week by each employer from the wages of each of his employees for whom wages have been specified in this part of the Agreement.

(2) An employer shall, in respect of each contributor from whose wages deduction are made in terms of subclause (1) above, contribute an amount of R1,37 per week.

(3) The total amount deducted, together with his contribution in terms of subclause (2) above, shall be forwarded by the employer to the Regional Secretary of the Regional Chamber of the Council, not later than the seventh day of the month following that to which it refers, together with a statement in such form as the Council may from time to time specify.

(a) keep a legible copy of the Main Collective Agreement in two official languages available in the workplace at all times;

(b) keep the copy available for inspection by any employee;

(c) give a copy of the Main Collective Agreement-

(1) The Council may request the Minister of Labour to appoint one or more specified persons to be designated agents to assist in enforcing the terms of this part of the Agreement.

(2) A designated agent may-

(3) A designated agent shall report all disputes concerning compliance with any provision of this part of the Agreement to the General Secretary of the Council and to designated official at the relevant Regional Chamber of the Council.

(4) Within the registered scope of the Council, a designated agent of the bargaining council shall have all the following powers-

(1) Any business entity, whether a party or a non-party to the Council, which is registered with and falls within the Council's registered scope for the purposes of this part of the Agreement may apply to the Council for exemption from any or all of the provisions of this part of the Agreement.

(2) All applications for exemption shall be made in writing on a prescribed form provided by the Council.

(3) All applications for exemption shall be motivated in accordance with the exemption criteria set out in subclause (7) below; shall be supported by relevant documentation and, in addition, shall contain the following information:

(4) (a) The General Secretary of the Council or the Regional Secretary of the Regional Chamber concerned, or in their absence any other officer designated by the Executive Committee, shall forthwith refer the full exemption application to the Exemptions Committee, which shall have delegated power to deal with such application on behalf of the Council.

(5) (a) Any decision of the Exemptions Committee to reject, partially approve or withdraw the application, may be referred on appeal to the Independent Exemptions Body(Exemptions Board) hereby established in terms of the Act and the constitution of the Council. Such application shall be lodged within not more than 30 days of the applicant's being notified of the decision of the Exemptions Committee. The Exemptions Board may condone a late appeal on good cause shown.

(6) (a) The Exemptions Board shall consist of a single independent umpire appointed by the parties from a panel selected for this purpose.

(7) The applicant shall satisfy the Executive Committee of the Council or the Exemptions Committee and, where applicable, the Exemptions Board of the following:

(8) In addition, the following criteria shall be taken into account by the Exemptions Committee and the Exemptions Board when determining applications for exemptions:

(9) (a) An applicant shall be entitled to apply on the prescribed form to the General Secretary of the Council for the extension of any exemption granted by either the Regional Exemptions Committee or the Exemptions Board. An application for extension shall contain such additional information as may be necessary and required to substantiate the request with reference to the criteria set out in subclause (7) above.

(10) Employers employing five or fewer employees shall, upon application to the Council through the General Secretary, be exempted from the provisions of this part of the Agreement.

(1) Exemption from the provisions of this part of the Agreement shall be granted in the following circumstances:

(2) An employer who is a party or a member of a party to the Council shall implement the following procedure in order to conclude a collective agreement as set out in subclause (1) (a) (i) above:

(1) Unless otherwise provided in the Council's Constitution or in this part of the Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: