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RECOGNITION AND PROCEDURAL AGREEMENT Between TERN SPORTSWEAR [PTY] LTD [Herein after referred as ["the employer"] and FACTORY WORKERS UNION [FAWU] [herein after referred as ["the union]

1. PREAMBLE

The purpose of this agreement is to regulate the relationship between the company and the union, to foster fair and equitable worker/management relationship,

2. GENERAL PRINCIPLES

The parties into this agreement commit themselves to abide by the procedures set out in this agreements negotiated and signed by the General Secretary of the Union or an appointee of the Union approved by the Union National Executive Committee and Management appointed or employed by the company. In the spirit of respect and mutual understanding the parties shall use their best endeavors to ensure that this agreement is fully understood by their respective constituencies.

3. STOP ORDER FACILITIES

3.1 The company agrees to grant stop order facilities to the union provided that such deduction art3, authorize by members in writing in the form of the union stop order form and in accordance w!th the relevant legislation.

3.2 Union dues from its members shall be paid over to the Union or collected by an authorized Union Official on the last day of the month or on last Friday of the month being pay day to be followed not later than Wednesday of the following week by a list of names and work numbers showing deductions made and the total thereof'

3.3 The company may deduct a 2% administration levy on the aggregate amount deducted for a period of twelve months [12] after signature-hereof, after which the levy shall be discontinued.

3.4 The Company shall cease to deduct subscription from the Union members' wages only i [One] month written notice by a member to the Company and to the Union instructing the Company to cancel the stop order against his/her wages, However; if the majority of the members are not satisfied with their subscriptions to the Union, the Company has the right to stop those deductions to the Union.

3.5 The Company shall not be responsible for the collection of any subscriptions for which any reason may be arrears except through the Company's own fault.

3.6In the event of any change in the rate of Union subscriptions the Union will notify the Company about the changes in writing.

4. SHOP STEWARDS

4.1 Election of the Shop Stewards

4.1.1 The election of the Shop Stewards shall be conducted in terms of the Union Constitution.

4.1.2 The number of Shop Stewards and the constituencies shall not be more than two hundred and fifty [250] workers per Shop Steward.

4.1.3 The Union will notify the Company about the names/alternates and constituencies they represent after election.

4.1.4 In the event of a vacancy occurring, by-election shall be held in accordance with the provision of clause 4.1 then elected Shop Stewards shall hold the Office until the next Shop Stewards election.

4.1.5 Unless mutually agreed, a Shop Steward may not be transferred out of his/her Constituency.

4.2 Shop Stewards Rights and Duties

4.2.1 The Company shall recognize the rights of the Shop Stewards elected in terms of this agreement to represent the members and negotiate on their behalf in terms of this agreement,

4.2.2 Shop Stewards shall be entitled to:

4.2.2.1 Carry out their duties in terms of this agreement.

4.2.2.2 Investigate and endeavor to resolve grievances of members through procedures in this agreement.

4.2.2.3 Hold General Meetings with members of the Union during break time, the Company shall provide reasonable facilities for such meetings.

4.2.2.4 Invite Union Officials in meetings or General Meetings by prior arrangement with the Management in terms of this agreement.

4.2.2.5 Be granted permission by the immediate supervisor before leaving their place of work for a reasonable facilities for such meetings.

4.2.2.6 Shop Stewards shall be provided with reasonable time to fulfil their duties in terms of this agreement.

4.3 Shop Stewards Time Off

4.3. The Shop Stewards shall, with consent of the employer be entitled to reasonable amount of time off work with pay, during normal working hours, for the purpose of receiving education or training.

4.4 Meetings

4.4.1 The party requesting a meeting shall provide the other party five [5] working days notice of the meeting together with a proposed agenda, only specific items may be included on such agenda, there be no general items.

4.4.2 Should either party be unable to attend on the day in question, the next possible date shall be agreed by the parties.

4.5 Dispute procedure

4.5.2 In the event of either party declaring dispute, the party declaring dispute shall notify other party in writing thereof stating the nature of dispute and the proposed terms of settlement.

4.5.3 The parties shall arrange further meetings as and when agreed upon.

4.5.4 Should the parties fail to resolve the dispute, either party may require that the dispute be referred to an independent Mediator who both parties will agree upon.

4.5.5 The parties shall jointly arrange the date, time and place of the mediation.

4.5.6 Should the dispute remain unresolved and should either party wish to take the matter further, such party shall invoke the dispute resolution mechanisms cited in the Code.

5. ACCESS ON UNION BUSINESS

5.1The company agrees that upon request, it shall grant up two [2] Union Officials access to the premises for the purpose of meetings with members individually on union business during these members own time, provided that the conditions of such access shall be pre-determined by the company.

5.2 No such Union Officials may have access to members at the workplace or restrooms unless otherwise agreed to by the company.

5.3 The Union shall give the company a minimum of four [4] days prior of such meeting, and it is recorded that the company shall not unreasonably withhold such access. In the event of a legitimate reason, the notice period may be waived.

5.4 The company shall be given the names, Union status, business address and telephone numbers of any Union Official who utilize its facility. Such Union Official shall comply with all safety, security and other company regulations, and all statutory requirements as contained in the code at all times.

5.5 Should be activities and business of the Union exceed the time for which the meetings are provided for, the company reserves the right to vary or withdraw that access, pursuit to a request for intervention by the National Office Bearers of the Union.

6. NEGOTIATIONS PROCEDURE

6.1 The parties agree to negotiate wages and working conditions annually during the month of March, which is one month prior to the company's anniversary date with a view to finalization and implement on or before the 1st of April.

6.2 Negotiations between the company and the Union and all representative by the Union to the company shall take place in accordance With the provisions of this agreement.

6.3 The parties may submit to one another in writing for such negotiations together with proposals in writing so as to enable the other party to prepare for the meeting and to obtain a mandate from its principals].

6.4 Within a period of thirty [30] days after receipt of the proposals in terms of 6.3 above, the company shall convene a meeting with the Union for the purposes of negotiating proposal, which meeting may be adjourned and reconvened from time to time by mutual consent between the company and the Union.

6.5 Any agreement reached by the parties after negotiations shall be reduced to writing, and be signed by both parties before adjournment of that meeting, and shall therefore become binding on the company/the Union and its members.

6.6 In the event of the parties failing to reach agreement during negotiations in terms of this clause, either party may declare a dispute by written notice to the party setting out the following matters;

6.6.1 The nature of the disputes.

6.6.2 The recorded proposed terms of the settlement and

6.6.3 The reasons for that party's prpposal.

7. DISPUTE OF RIGHTS

7.1Dispute on issues other than conditions of employment shall be termed "dispute of right" and shall be resolved as per the Labour code Order #24 of 1992 and Labour Amendment Act 2000.

8. DISPUTE OF INTEREST

8.1 Where a dispute has arisen following the exhausting of negotiations on conditions of employment, the dispute procedure set out in section 4.5 of this agreement shall apply.

9. PEACE OBLIGATION

9.1 The Union undertakes not to support, instigate, encourage or organize any industrial action against the company, its products or services and to take all reasonable steps to ensure that members do not partake in such industrial action, contrary to the provisions of the dispute settlement procedures contained herein.

9.2 In the event of either being in breach of any clause, that party shall be afforded a period of forty-eight [48] hours to rectify such breach.

10. UNION'S UNDERTAKINGS

The Union acknowledges that Shop Stewards are first and foremost employees of the company and will comply with the Rules and Regulations of the company.

11. COMPANY'S OBLIGATION

It is duty of the company to maintain discipline amongst its employees in terms of its Rules and Regulations.

12. TERMINATION OF THIS AGREEMENT

12.1 This agreement shall come to operation from the date of signature hereof, shall remain operational unless.

12.2 Either party gives one [1] month notice to other of its intention to terminate the agreement on good cause.

13. SIGNATURES

For the Company

For the Union

Date............

Tern Sportswear [PTY] LTD - 2011

Start date: → 2011-01-01
End date: → Not specified
Name industry: → Manufacturing
Public/private sector: → In the private sector
Concluded by:
Name company: → Tern Sportswear [PTY] LTD
Names trade unions: → Factory Workers Union [FAWU]
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