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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure K - National Exemptions Policy

1. Introduction

 

1.1 The purpose of this document is to set out the policies which will apply to the consideration of applications for exemptions.

 

1.2 Each Regional Council should determine the appropriate level at which exemption decisions will be made and may choose to implement one of the following approaches in this regard:

 

1.2.1 Determine the specific types of exemption applications which the Regional Office may deal with and those which must be referred to the Regional Council for decision; or

 

1.2.2 Determine that all exemption applications must be dealt with by the Regional Council or an appointed sub-committee of the Regional Council.

 

1.3 Exemptions shall be dealt with within 30 days of receipt thereof.

 

1.4 Where the Regional Office is given the authority to deal with a specific exemption application and an appeal is lodged against the Office’s decision then this appeal must be referred to the Independent Exemptions Appeal Board.

 

1.5 An appeal lodged against a decision by the Regional Council must be referred to the Independent Exemptions Appeal Board for final decision.

 

1.6 Exemption applications must be considered on the basis of criteria established by the Management Committee in order to ensure consistency in the granting or refusing of exemption applications and in accordance with the provisions of Clause 23 of the Main Agreement.

 

1.7 Regional Councils wishing to apply other criteria to address specific regional situations must make specific recommendations in this regard to the Management Committee to obtain approval prior to implementing the desired criteria.

 

1.8 Reasons for granting or refusing an application shall be recorded and retained by the Regional Office. The applicant must on request be supplied with reasons for refusal of an application for exemption.

 

1.9 The Council may withdraw the exemption at its discretion.