Designated Agents

How is the agreement monitored?

1. Designated Agents are neutral parties charged with investigating complaints received against Employers, Registering Companies that fall within the Scope of Application of the Collective Agreement, assisting with queries concerning working conditions, Labour Relations Act issues, minimum wage rates of pay, benefits, etc.
2. Agents are mandated to perform regular inspections in the field. 
3. BIBC area offices help industry employers and employees with queries concerning working conditions, legislation, and collective agreement matters, in addition to employee benefits and wage inquiries. 

Powers of an Agent

Part C, section 33 of the Labour Relations Act 1995 outlines the appointment and powers of designated agents of bargaining councils:

1. The Minister may, at the request of a bargaining council, appoint any person as the designated agent of that bargaining council to promote, monitor, and enforce
   compliance with any collective agreement concluded in that bargaining council.
   (1A) A designated agent may –
   1. secure compliance with the council’s collective agreements by –
      (i) publicising the contents of the agreements;
      (ii) conducting inspections;
      (iii) investigating complaints; or
      (iv) any other means the council may adopt; and
   2. perform any other functions that are conferred or imposed on the agent by the council.

2. A bargaining council must provide each designated agent with a certificate signed by the secretary of the bargaining council stating that the agent has been appointed in terms of this Act as a designated agent of that bargaining council.
3. Within the registered scope of the bargaining council, a designated agent of the bargaining council has all the powers set out in Schedule 10.
4. The bargaining council may cancel the certificate provided to a designated agent in terms of subsection (2) and the agent then ceases to be a designated agent of the bargaining council and must immediately surrender the certificate to the Secretary of the bargaining council.