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

Notices

Statutory Council for the Squid and Related Fisheries of South Africa

Extension to Non-parties of the Main Collective Agreement

6. Exclusions and Exemptions

 

This Council shall consider and determine all applications for exemption received by it, in accordance with the conditions and criteria set out in clauses 3.1., 3.2.and 3.3. here after.

 

6.1. ADMINISTRATIVE REQUIREMENTS
6.1.1 All applications for exemption shall be made in writing and shall be addressed to the Secretary of the Council.
6.1.2. The Secretary of the Council shall place the application for exemption on the agenda of the next Council Executive Committee meeting, for consideration.
6.1.3. The Secretary of the Council shall provide the Council Executive Committee with details of the applications for exemption.
6.1.4. The Council Executive Committee shall consider and decide on all written applications and when requested by the applicants or objectors to do so, may interview applicants or any objectors and shall make a decision on the application for an exemption within 30 days from the date upon which the application was lodged with them.
6.1.5. Once the Council Executive Committee has decided to grant an exemption, it shall issue a certificate and advise the applicant(s) within 14 days of the date of its decision.
6.1.6. Should the Council Executive Committee decide against granting an exemption or part of an exemption requested, it shall advise the applicant(s) within 14 days of the date of such a decision and shall provide the reason(s) for not granting an exemption.
6.1.7. The non -party applicant(s) shall have the right to appeal against the decision of the Council Executive Committee, not to grant an exemption or the withdrawal of such an exemption with an Independent Exemption Board.
6.1.8. All the costs of the appeal process set out in 6.1.7. shall be for the account of the applicant(s) for the exemption.

 

6.2. EXEMPTION CONDITIONS

All applications for exemption shall be substantiated and such substantiation shall include the following details:

6.2.1. The period for which the exemption is required.
6.2.2. The Agreement and clauses or sub -clauses of the Agreement from which exemption is required.
6.2.3. Proof that the exemption applied for has been discussed by the employer and his employees and their respective representatives. The responses resulting from such consultation, either in support or against the proposed exemption, are to be included with the application.

 

6.3. EXEMPTION CRITERIA

The Council Executive Committee shall consider all applications for exemption with reference to the following criteria:

6.3.1. The written and verbal substantiation provided by the applicant.
6.3.2. The extent of consultation with and the petition for or against granting the exemption as provided by employers or employees who are to be affected by the exemption if it is granted.
6.3.3. The terms of exemption.
6.3.4. The infringement of basic conditions of employment rights.
6.3.5. The fact that a competitive advantage is not created by the exemption.
6.3.6. The viewing of the exemption from any employee benefit fund or scheme or training provision in relation to the alternative comparable bona fide benefit or provision, including the cost to the employee, transferability, administration management and cost, growth and stability.
6.3.7. The extent to which the proposed exemption undermines collective bargaining and labour peace in the Squid Fishing Industry of South Africa.
6.3.8. Any existing special economic or other circumstances which warrant the granting of the exemption.
6.3.9. Reporting requirements by the applicant and monitoring and re- evaluating processes.

 

6.4. INDEPENDENT EXEMPTION BOARD
6.4.1. In terms of section 32(3)(e) of the Act, the Council hereby establishes an independent body, to be known as the Independent Board, to consider appeals from non -parties against a refusal of a non -party's application for exemption from the provisions of a published collective agreement and the withdrawal of such an exemption by the Council.
6.4.2. The criteria to be used by the Independent Exemption Board will be the same criteria as stipulated in 6.3 above.
6.4.3. The Independent Board shall deal with all appeals within 30 days of the date on which the appeal was submitted.