INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established. (2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which programmes are aimed at protecting the Industry in the Northern Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry. (3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide. (4) Every employer shall, each week, deduct from the wages of each of this employees for whom wages are prescribed in this part of the Agreement, and amount of 11 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due. (5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 cents per week. (6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded by the employer to the Regional Secretary of the Regional Chamber, within seven days from the end of the week in which the deductions fall due. (7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber. (8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2): (a) Buy Local' campaigns; (b) combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund. (9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour. (10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity. (11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard. (12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein. (13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund. (14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval. (15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure- (a) is in terms of the approved plan; (b) is clearly classified by strategy, activity and the nature of the expense; and (c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment. (16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be. (17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed. (18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund. (19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution. (20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 23 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 16 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g29(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 cents: Provided that no deductions deduction shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 21 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded by the employer to the Regional Secretary of the Regional Chamber, within seven days from the end of the week in which the deductions fall due. Should any amount due in terms of this clause not be received by the Regional Chamber by the tenth day after the due date in which it is payable, the employer shall pay weekly interest on such amount or on such lesser amounts as remain unpaid, calculated at the ruling prime overdraft rate plus two per cent per annum: Provided that the Council or Regional Chamber shall be entitled in its absolute discretion to waive the payment of such interest or part thereof. At the discretion of the Council or Regional Chamber, the interest may accrue to the general funds of the Council or Regional Chamber.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by into the Regional Chamber into a Chamber's bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber and, for the purpose purposes of receiving receiving' these funds and for disbursing them for the purpose for which they are intended. This account , shall be administered by the Regional Chamberaccounted for separately.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):2}-
(a) Buy Local' " campaigns;
(b) combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
expenditure (a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 31 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 31 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 18 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 19 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as as, the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 19 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 18 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as as, the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 32 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 25 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 25 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 31 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 23 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as as, the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 32 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g) of the Act, read with clause 3.6 and 3.7 of the Council's Constitution, a Fund fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "the Fund") is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties to the Regional Chamber, which where such programmes are aimed at protecting the Industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause (4), contribute an amount of 20 16 cents per week.
(6) The total sum representing the employer's contributions and the employees' contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22 (2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "Fashion Industry Protection Fund" opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall be administered by the Regional Chamber.
(8) The moneys so collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):
(a) Buy Local' " campaigns;
(b) combating Combating customs fraud and illegal imports; or for such other strategies as meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as as, the case may be, may request confirmation in advance by from the Regional Chamber in this regard.
(12) No moneys of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will parties shall be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursedreimbursed to SACTWU or the CCA, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to the Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 19 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council Cape Clothing Association (CCA) become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the RegistrarRegistrar : Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council CCA is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining CouncilCCA, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council CCA and the Regional Chamber have signed a written agreement, acceptable to the RegistrarRegistrar : Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council CCA shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining CouncilCCA. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.
Appears in 1 contract
Samples: National Main Collective Agreement
INDUSTRY PROTECTION FUND. (1) In terms of section 28 (1) (g28(1)(g) of the Act, read with clause 3.6 and 3.7 of the Council's ’s Constitution, a Fund to protect the fashion industry from further job losses and decline, which shall be known as the Fashion Industry Protection Fund (hereinafter referred to as "“the Fund"”) is hereby established.
(2) The objects of the Fund shall be to provide financial support to campaigns and programmes engaged in by the parties Parties to the Regional Chamber, which programmes are aimed at protecting the Industry industry in the Northern Western Cape Sub-Chamber of the Cape Chamber of the Council, and jobs within it by improving its competitiveness in the fashion industry.
(3) The Fund shall commence on 1 July 2001 and shall continue to operate until such date as the Regional Chamber and the parties Parties thereto may decide.
(4) Every employer shall, each week, deduct from the wages of each of this his employees for whom wages are prescribed in this part of the Agreement, and an amount of 11 12 cents: Provided that no deductions shall be made from the wages of any employee who has worked less than 20 hours in the week in which the deduction falls due.
(5) An employer shall, in respect of each employee from whose wages deductions are made in terms of subclause sub-clause (4), contribute an amount of 20 32 cents per week.
(6) The total sum representing the employer's contributions and the employees' ’ contributions shall be forwarded monthly by the employer to the Regional Secretary of the Regional Chamber, within seven days from by not later than the end 14th day of each month following the month to which such contributions relate in the form and manner specified in clause 22(2) of this part of the week in which the deductions fall dueAgreement.
(7) The moneys monies collected by the Regional Chamber shall be paid monthly by the Regional Chamber into a bank account styled "“Fashion Industry Protection Fund" ” opened by the Regional Chamber for the purpose of receiving these funds and for disbursing them for the purpose for which they are intended. This account shall will be administered by the Regional Chamber.
(8) The moneys so monies collected shall be used by the Regional Chamber to finance the following bona fide strategies in pursuit of the objects of the Fund as set out in subclause (2):following
(a) ‘Buy Local' ’ campaigns;
(b) combating Combating customs fraud and illegal imports; . or for such other strategies as that meet the objectives of the Fund.
(9) During the period of operation of the Fund, should the Southern African Clothing & Textile Workers' ’ Union (SACTWU) and/or the Regional Employers’ Associations who are members of the Bargaining Council become or wish to become engaged in additional strategies or bona fide activities in pursuit of the objectives of the Fund other than those specified in subclause sub-clause (8), they may apply in writing to the Regional Chamber for the activities in question to be recognised by the Regional Chamber as an authorised strategy or activity which can be financed in terms of the Fund's ’s provisions. The decision as to whether to recognise the strategy or activity in question shall be at the sole discretion of the Regional Chamber and shall be recorded as a resolution of the Regional Chamber and be subject to approval by the Registrar: Labour.
(10) The Fund's moneys ’s monies shall be used to meet all reasonable expenses incurred in pursuit of the authorised activities in regard to the strategies referred to above and may not be used for any unauthorised purpose or activity.
(11) If SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council is in doubt about whether contemplated expenditure of the Fund's moneys ’s monies qualifies as expenditure on an authorised activity, SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be, may request confirmation in advance by the Regional Chamber in this regard.
(12) No moneys monies of the Fund shall be disbursed by the Regional Chamber until the Fund has been established by this part of the Agreement and SACTWU, the Regional Employers’ Associations who are members of the Bargaining Council and the Regional Chamber have signed a written agreement, acceptable to the Registrar: Labour, to secure compliance with the provisions of the Fund as set out herein.
(13) Any interest that is earned on Fund moneys monies at any time shall be used for the benefit of the activities and purposes authorised in terms of the Fund.
(14) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall, annually, by the second month of the Regional Chamber's ’s financial year, provide the Regional Chamber with a financial plan of how the funds will be utilised towards achieving the objectives of the Fund. The plan shall will be submitted to the Regional Chamber for approval.
(15) Expenditure incurred by the Parties will be paid by the Fund against invoices or vouchers submitted to the Regional Secretary of the Regional Chamber, provided he is satisfied that the expenditure-expenditure:
(a) is in terms of the approved plan;
(b) is clearly classified by strategy, activity and the nature of the expense; and
(c) has been authorised by the Regional Organising Secretary or National Organising Secretary of SACTWU, or the Executive Director of the Regional Employers’ Associations who are members of the Bargaining Council. Should the Regional Secretary of the Regional Chamber deem it necessary, such approved expenditure shall will be presented to the Regional Chamber for approval prior to payment.
(16) Any expenses that have been incurred by SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council for unauthorised purposes or activities and for which have been paid or reimbursed to SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, have been paid or reimbursed, may be recovered by the Regional Chamber from SACTWU or the Regional Employers’ Associations who are members of the Bargaining Council, as the case may be.
(17) The Regional Secretary of the Regional Chamber shall be obliged to account to the Regional Chamber every two months in relation to income and expenditure of the Fund. This accounting to Regional Chamber shall include, but not be limited to, providing a schedule summarising the expenses incurred on authorised activities in pursuance of the objects of the Fund and in respect of which payment is claimed.
(18) SACTWU and the Regional Employers’ Associations who are members of the Bargaining Council shall be obliged to report back to the Regional Chamber every two months after the establishment of the Fund on the activities undertaken by their organisation in pursuance of the objects of the Fund.
(19) In the event that there is a disagreement between the parties Parties as to whether any activity or expenditure or proposed activity or expenditure falls within the objects of the Fund, either party may refer a dispute in this regard of for conciliation in terms of clause 15.5 of the Council's Constitution and, if it remains unresolved after conciliation, the proposing party may request the Regional Chamber in writing that the dispute be resolved through arbitration in accordance with clause 15.4.2.1.2 of the Council's Constitution.
(20) Each party to this part of the Agreement has a pre-emptive right to require all undertakings or commitments between the parties, not only those referred to in this resolution, to be reduced to writing.clause
Appears in 1 contract
Samples: National Main Collective Agreement
