This is the latest version of this Government Notice.
Labour Relations Act, 1995
National Textile Bargaining Council: extension to non-parties of the COVID-19 lockdown collective amending agreement
Government Notice R488 of 2020
- Published in Government Gazette no. 43267 on 4 May 2020
- Assented to on 30 April 2020
- Commenced on 4 May 2020
- [This is the version of this document from 4 May 2020.]
|National Textile Bargaining CouncilExtension of COVID-19 Lockdown Collective AgreementSouth African Cotton Textile Processing Employers’ Association(SACTPEA)South African Carpet Manufacturing Employers’ Association(SACMEA)National Manufactured Fibres Employers’ Association(NMFEA)National Association of Worsted Textile Manufacturers(NAWTM)Narrow Fabric Manufacturers Association(NFMA)South African Wool and Mohair Processors’ Employers’ Organisation(SAWAMPEO)National Textile Manufacturers’ Association(NTMA)South African Home Textiles Manufacturers Employers’ Organisation(HOMETEX)South African Blankets Manufacturers Employers’ Organisation(SABMEO)Wool and Mohair Brokers Employers’ Organisation of South Africa(WAMBEOSA)(hereinafter referred to as “the employers”)and theSouthern African Clothing and Textile Workers' Union(‘SACTWU’ or ”the union”)(hereinafter referred to as “the parties”)|
1. PreambleThe parties
2. Scope and effective date
3. Access to unemployment insurance fund (UIF) financeThe following provisions shall be applicable:3.1The parties agree and appreciate that should funds be received from the UIF for the purposes of this amending agreement, such funds constitute worker funds, and hence workers' contribution towards funding the shortfall in their income during the extended lockdown period and during which no wage is receivable.3.2The parties authorise the Chairperson of the Council to sign a memorandum of understanding agreement with the UIF Commissioner and/or the Minister of Employment and Labour or their respective nominee, which sets out the terms on which UIF funds will be released to the Council for the sole purpose of executing the provisions of this agreement.3.3Should the provisions of 3.2 above not be possible, the Council authorises the Chairperson to sign a services sharing agreement with the National Bargaining Council for the Clothing Manufacturing Industry, in terms of which UIF funds due to the National Textile Bargaining Council for the purpose of distributing it to qualifying industry employees, are transmitted from the UIF to the National Bargaining for the Clothing Manufacturing Industry and there-after to the National Textile Bargaining Council.3.4The parties authorise the Secretary of the Council to open a dedicated bank account into which all UIF funds advanced to the council for the execution of the purpose of this agreement shall be deposited. If such a dedicated bank account has already been opened in terms of the provisions of sub-clause 3.4 of the lockdown collective agreement of 26 March 2020, the same bank account shall be used for the purposes of this amending agreement.3.5No funds shall be disbursed from the bank account referred to in sub-clause 3.4 above, other than that which is duly authorised and which is exclusively intended and ring-fenced for the purposes of this agreement.3.6The UIF funds are solely and exclusively intended to provide a wage subsidy for qualifying employees during an extended lockdown period declared by government and during which no wage payments from the execution of work is due and/or receivable.3.7The officials of the Council shall at all times ensure that proper records, including all supporting documents of all income and disbursements from the bank account referred to in sub-clause 3.4 of this agreement, are safely kept and secured.3.8The Secretary of the Council shall submit a weekly consolidated report to the UIF Commissioner of all income and disbursements pertaining to the bank account referred to in sub-clause 3.4 of this agreement.3.9The Council shall ensure that, post the extended lockdown period, if an extended lockdown period is declared, the bank account referred to in subclause 3.4 of this agreement is audited by no later than a 6 week period following the official termination of the extended lockdown period.3.10The UIF Commissioner or the Minister of Employment and Labour shall have the sole power to authorise a variation of the time period set out in sub-clause 3.9 of this agreement, on good cause.3.11The Secretary and/or Chairperson of the Council, or any other nominee of the Council, are instructed to immediately lay criminal charges against any person and/or entity who/which are suspected of abuse or corruption relating to the operations of the bank account referred to in sub-clause 3.4 of this agreement or in relation to any income or disbursements there-from.3.12The information and supporting records which companies would be required to submit for a drawdown of funds as envisaged in clause 4 of this agreement shall be immediately made available to the UIF, on request from the UIF.
4. Payments to employees
5. COVID-19 extended lockdown period
6. COVID-19 extended post-lockdown periodEmployers undertake to ensure, post the COVID-19 extended lockdown period (should an extended lockdown period be declared), that employees are provided with the necessary and appropriate support to integrate them smoothly and safely back into production.
7. Dispute resolutionAny disputes which may arise from the interpretation and/or application of this amending collective agreement shall be resolved through expedited arbitration, unless otherwise decided by the disputing parties and using the current panel of Conciliators and Arbitrators of the Council (unless otherwise decided by the disputing parties).
8. Other conditions
History of this Government Notice
4 May 2020 this versionPublished in Government Gazette no. 43267Government Notice commences.
30 April 2020Assented to by council.
Download for later
Download the current version of this By-law to read later on your desktop, e-reader or tablet.