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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties

National Exemptions Policy for the Civil Engineering Industry

6. General

 

6.1 In the event of the Council or "The Exemptions Body" refusing to grant an application, the applicant shall have the right to appeal in writing against the decision to the Independent Exemptions Appeal Board (IEAB).

 

6.2 An appeal to the IEAB must be sent in writing within 30 calendar days of the applicant been notified of the Council or "The Exemptions Body" decision. The notice of appeal must set out the grounds on which the applicant's appeal is based.

 

6.3 In the event of the Council or "The Exemptions Body" granting an application, the employees' or trade union shall have the right to appeal in writing against the decision to the IEAB and have to follow the criteria set out in clause 6.2.

 

6.4 The Council or "The Exemptions Body" may acquire the assistance of an expert(s) to assist them when considering problematic applications or invite oral motivations. (When oral motivation is allowed, the union or workers committee members must also be present.)

 

6.5 In considering the application, the Council or "The Exemptions Body" shall take into consideration all relevant factors, which may include, but shall not be limited to the following criteria:
(i) The applicants past record (if applicable) of compliance with the provisions of the BCCEI Collective Agreements and previous exemptions granted;
(ii) Any special circumstances that exist;
(iii) The interest of the industry as regards to:—
(a) Unfair competition;
(b) Collective bargaining;
(c) Potential for labour unrest;
(d) Increased employment.
(iv) The interest of employee's as regards to:—
(a) Exploitation;
(b) Job preservation;
(c) Sound conditions of employment;
(d) Possible financial benefits;
(e) Health and safety;
(f) Infringement of basic rights.
(v) The interest of the employer as regards to:—
(a) Financial stability;
(b) Impact on productivity;
(c) Future relationship with employees and trade unions;
(d) Operational requirements.

 

6.6 The council must notify the applicant within seven (7) days from the last day date of the meeting of the Council or "The Exemptions Body" decision and reason(s) thereof, which reason(s) may be given at a later time but not later than 30 days after the decision.

 

6.7 If the application is granted, the council shall issue an exemptions certificate signed by the General Secretary of the BCCEI, containing the following:—
(i) The full name of the applicant(s);
(ii) The trade name;
(iii) The provisions of the agreement from which exemption is granted;
(iv) The period for which the exemption shall operate;
(v) The date issued;
(vi) The condition(s) of the exemption granted.

 

6.8 The council shall;—
(i) Retain a copy of the certificate and number each certificate consecutively;
(ii) Forward a copy of the certificate to the applicant.

 

6.9 The applicant to whom a certificate has been issued shall at all times have the certificate available for inspection at his establishment or site.