The bargaining council or the Minister of Labour must consider all applications for exemption with reference to all or any of the following grounds:
| (a) |
The extent of consultation between the worker co-operative and its members as well as its employees and the petition for or against granting the exemption; |
| (b) |
the specific requirements from the collective agreement, sectoral determination or labour legislation and scope for which exemption is requested and the terms thereof; |
| (c) |
any special economic or other circumstances that exist and make a material difference in the viability of the business of the worker co-operative warranting the granting of the exemption; |
| (d) |
the fairness1 to the worker co-operative, its members and employees; |
| (e) |
the assistance with economic hardship and the saving of unnecessary job loss; |
| (f) |
the bona fide representation of the members on the Board of directors of the worker co-operative, the election of Board members by the members and filling of vacancies on the said Board. Minutes of the general meeting of members where the directors were elected, other resolutions for appointment of directors and the provisions of the constitution of the worker co-operative dealing with the rights of members to appoint directors, must accompany the application. |
| (g) |
the limiting of the exemption to a period of agreement or operation of the sectoral determination in the applicable sector |
| 1 |
Not in contravention to the Act or the worker co-operative's objectives as stipulated in its constitution in that unfairness would materially disadvantage the worker co-operative. |
Special Investigating Units and Special Tribunals Act, 1996
