To answer this question, first, it will depend on whether the Bargaining Council’s Main Agreement, for your specific industry, has been extended to non-parties of the agreement by the Minister of Employment and Labour. Second, whether your business forms part of or has joined an employer’s organisation which is a party to the main agreement.
In the two instances mentioned above, it will be compulsory to comply with a Bargaining Council’s Main Agreement for your specific industry. If you are not part of an employer’s organisation and the Minister has not extended the Bargaining Council’s Main Agreement to non-parties, it will not be necessary.
If you, however, meet one of the above requirements and it is compulsory for you to comply with your industries Main Agreement, and you do not comply with the relevant Main Agreement, a compliance order for none compliance of any amounts and/ or regulations regarding the Main Agreement can be made, and further penalties can be issued against the company.
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