COUNCIL FUNDS Clause Samples

COUNCIL FUNDS. The Funds of the Council, which shall be vested in and administered by the Council shall be provided in the following manner: (a) Every employer shall, on the pay day of each week and from the first pay day after this Agreement comes into operation, deduct an amount equal to 0,23% of each employee’s wages per week calculated at the qualified machinists rate of pay up to a maximum of R3,04 per week per week for whom minimum wages are prescribed in the Main Collective Agreement: Provided that no deduction shall be made from the wages of an employee who has worked for less than 20 hours in the week in which the deduction falls due. (b) An employer, shall, in respect of each contributor from whose wages deductions are made in terms of paragraph (a) above, contribute an amount equal to 0.23% of each employee’s wages per week, calculated at the qualified machinists’ rate of pay up to the maximum of R3,27 per week. (2) The employer shall forward the total amounts so deducted, together with his contributions in terms of subclause (1) (b) above, and a statement in the form and manner specified by the Council, to the Secretary of the Council, P O Box 1142, Woodstock, 7915, within seven days of the end of the week in which the deductions fall due. (3) Should any amount due in terms of subclause (1) not be received by the Regional Chamber by the 10th day after the date on which it is payable, the employer shall pay weekly interest on such amount or such lesser amounts as remain unpaid, calculated at the ruling prime overdraft rate plus two % per annum: Provided that the Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof. At the discretion of the Council, the interest may accrue to the general funds of the Council.

COUNCIL FUNDS. (1) The employer and the employee NBC Levy contribution shall be converted to a percentage–based contribution. (2) The following table shall be used in determining the new NBC levy contributions: Payable by THE EMPLOYEE by means of a deduction from an employee’s wages: Calculated at 0,37% of a qualified machinist’s rate of pay in “other areas” as defined in the attached wage schedule (This equates to R1.77 with effect from 1st September 2010 and with effect from 1st January 2011, the rand value will equate to R1.81) Payable by THE EMPLOYER: Calculated at 0,47% of a qualified machinist’s rate of pay in “other areas” as defined in the attached wage schedule (This equates to R2,25 with effect from 1st September 2010 and with effect from 1st January 2011, the rand value will equate to R2, 30) (3) The total so deducted together with an equal amount which shall be contributed by the employer shall be forwarded together with a list showing Council registration numbers of employees detailing particulars of contributions, to the General Secretary of the Council, or Regional Secretary of the Regional Chamber of this Council in whose area of responsibility the employer's business falls to reach him no later than 14 days after the end of each calendar month. (4) Should any amount due in terms of this clause not be received by the Regional Chamber by the 14th day of the month it is due, the employer shall forthwith be liable for and be required to pay interest on such amount as remains unpaid at a rate determined by the Regional Chamber from time to time, calculated from the 1st day of the month in which the payment is due until the day upon which payment is actually received by the Regional Chamber: Provided that the Regional Chamber shall be entitled in its absolute discretion to waive payment of such interest or part thereof in any individual instance. (5) In the event of the Council or Regional Chamber incurring any costs or becoming obliged to pay any collection commission by reason of the failure of the employer to make any payment on or before the due date, the employer shall then also be liable to pay forthwith all such costs of whatever nature as between attorney and client and all such collection commission, and the Council or Regional Chamber shall be entitled in its absolute discretion to allocate any payment by the employer first in satisfaction of such costs, collection commission and interest, and thereafter in reduction of the overdue capital amount.

COUNCIL FUNDS. The employer and the employee NBC Levy contribution shall be converted to a percentage–based contribution. The funds of the Council, which shall be vested in and administered by the Council, shall be provided in the following manner: (1) An amount equal to 0.23% of each employee’s wages per week, calculated at the qualified machinist rate of pay, up to a maximum of R1,84 per week, payable by means of a deduction from the employee’s wages 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 equal to 0.33% of each employee’s wages per week, calculated at the qualified machinist rate of pay, up to a maximum of R2,96 per week, payable by the employer. (3) The total amount deducted, together with his contribution in terms of subclause

COUNCIL FUNDS. The employer and the employee NBC Levy contribution shall be converted to a percentage– based contribution. The funds of the Council, which shall be vested in and administered by the Council, shall be provided in the following manner: (1) (a) Every employer shall, on every pay day of each week and from the first pay day of coming into operation of this part of the Agreement, deduct an amount equal to 0.28% of each employees wages per week, calculated at the qualified machinist rate of pay, up to a maximum of R1,61 per week for whom minimum wages are prescribed in this Agreement: Provided that no deduction shall be made from the wages of an employee who has worked for less than 20 hours in the week in which the deductions fall due: Provided further that no deductions shall be made from the holiday pay paid to each employee when the workplace closes in terms of clause 13 (1) of

COUNCIL FUNDS. The Council’s Funds shall be established and maintained by the Treasurer of the Council separate and apart from all other funds which may be under the custody of the Treasurer. A separate fund shall be established for each program of the Council. In addition, the Council shall establish a separate fund (herein referred to as the “Council Fund”) for the payment of overhead costs of the Council not solely attributable to any one program. Those overhead costs may be allocated to the various programs of the Council and moneys may be transferred from the various program funds to the Council Fund in such manner as may be authorized by the Board of Directors, consistent with the budget approved by the Assembly pursuant to Section 10 of these Bylaws. The Council’s Funds shall be subject to the laws of the State concerning the investment and management of public funds, particularly Revised Code Chapter 135, and shall be subject to audit and inspection by the Auditor of State. The Council’s Funds shall be the responsibility of the Treasurer. The Treasurer of the Council shall deposit in the Council Fund the contributions received from the Members or from other sources for operating costs of the Council. Any interest earned on moneys in the Council Fund shall be credited to the Council Fund. Disbursements may be made from the Council Fund by the Treasurer at the direction of the Board of Directors or the Assembly for any proper purpose of the Council, including but not limited to payment of operating costs, costs incurred in connection with the organization and meetings of the Council, costs and expenses of studies undertaken relating to new programs which may be of interest and benefit to Members of the Council, salaries of any staff employed by the Council (including the persons employed as the Treasurer and Executive Director), fees and expenses of consultants and attorneys, and payment of other operating expenses. The Treasurer of the Council shall maintain records which separately identify by Member all contributions from the respective Members for payment of costs of operating the Council and its programs. The Treasurer shall maintain records which account for all disbursements from the Council’s Funds. The Treasurer shall make monthly reports to the Board of Directors concerning all contributions to and disbursements from the Council’s Funds during the preceding calendar month.

COUNCIL FUNDS. 15.1 For the purposes of meeting the expenses of the Council, every employer shall deduct R1-50 cents per week from the earnings of each of his employees. 15.2 To the amount so deducted, the employer shall add a like amount per week per employee and forward month by month, not later than the 10th day of each subsequent month. the total sum to the Secretary of the Council, P.O. Box 9890, Johannesburg, 2000, together with a statement giving the names of employees and the period covered by the payment. 15.3 Such deduction and addition shall also be made when an employee is being paid in terms of clauses 6.1.1, 9 and 10.1 of this Agreement and shall be made in full even in the event of any employee being paid less than, a full week's wages. 15.4 The Council may, whenever it considers such a step necessary, either increase or reduce the amount to be deducted, or suspend deductions for a period or periods, which it shall specify.

COUNCIL FUNDS. The funds of the Council shall be vested in and administered by the Council, and shall be provided in the following manner: On the first pay-day after this Agreement comes into operation and on each pay- day thereafter, the amount of R6,00 shall be deducted by the employer from the wages of each of his employees for whom minimum rates of pay are set out in this Agreement. Provided that where an employee is paid weekly, the amount applicable shall be deducted on a monthly basis from the wages of each of his employees for whom minimum rates of pay are specified in this Agreement. Provided further that this shall not be affected by the annual leave period specified in clause 7(1) for which period the applicable deductions shall be made. The total amount so deducted, together with an equal amount which shall be contributed by the employer, shall be forwarded by the employer to the Secretary of the Council at the registered address of the Council, to be received by the Council not later than the seventh day of the month following that to which the deductions refer, together with a statement as in Annexure A. In the event of an employer failing to pay the amount referred to above, the employer shall pay interest on such outstanding amount at a rate of interest to be determined by the Council from time to time, subject to the provisions of the Usury ▇▇▇ ▇▇▇▇ (Act No 73 of 1968), and calculated as from 30 days from the date on which payment became due until the day upon which payment is actually received by the Council: Provided that the Council shall be entitled in its absolute discretion to waive payment of such interest or part thereof.

COUNCIL FUNDS. The Funds of the Council, which shall be vested in and administered by the Council shall be provided in the following manner: (a) Every employer shall, on the pay day of each week and from the first pay day after this Agreement comes into operation, deduct R1,30 from the wages of each of his employees for whom minimum wages are prescribed in the Main Collective Agreement: Provided that no deduction shall be made from the wages of an employee who has worked for less than 20 hours in the week in which the deduction falls due. (b) An employer, shall, in respect of each contributor from whose wages deductions are made in terms of paragraph (a) above, contribute an amount of R1,40 per week. (2) The employer shall forward the total amounts so deducted, together with his contributions in terms of subclause (1) (b) above, and a statement in the form and manner specified by the Council, to the Secretary of the Council, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, within seven days of the end of the week in which the deductions fall due. (3) Should any amount due in terms of this clause not be received by the Council by the seventh day after the due date in respect of which it is payable, the employer shall pay weekly interest on such amount or on such lesser amount as remain unpaid, calculated at the prime overdraft rate of the Council's Bankers plus two per cent per annum divided by 52 or part thereof from such seventh day until the day upon which payment in cash is actually received by the Council: Provided that the Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof. At the discretion of the Council, the interest may accrue to the general funds of the Council.