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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

14. Agreement

14.4 Exemptions

B. For any employer who is a party or a member of a party to the Council and its employees represented by a trade union representative

Purchase

(1)	Exemption from the provisions of this part of the Agreement shall be granted in the following circumstances:

(a)

Where the employer, who is a party or a member of a party to the Council, and its employees, represented by a trade union representative as defined in the Act, have concluded a collective agreement in accordance with the procedure set out in subclause (2) below to vary such provisions: Provided that—

(i)

the collective agreement does not contravene the minimum employment standards set out in this part of the Agreement or in any law or the provisions of the Agreement dated 25 May 1993 between the Cape Clothing Manufacturers" Association, the Cape Knitting Industry Association, the Garment Manufacturers" Association of the Western Cape, the Eastern Province Clothing Manufacturers" Association, the Natal Clothing Manufacturers" Association, the Orange Free State and Northern Cape Clothing Manufacturers" Association, the Transvaal Clothing Manufacturers" Association (incorporating the Transvaal Knitters" Association) and the Southern African Clothing and Textile Workers" Union; and

(ii)	Wage rates and contributions to social funds including the Council"s fund may not be amended without the Council"s approval.

(2)	An employer who is a party or a member of a party to the Council shall implement the following procedure in order to conclude a collective agreement as set out in subclause (1) (a) (i) above:

(a)	The employer shall place on the notice board of the establishment a notice to employees specifying the proposed variation to this part of the Agreement. At the same time a copy of the notice shall be sent to the trade union.

(b)

A meeting shall take place at the establishment in order to reach agreement on the proposed variation, which agreement shall then be reduced to writing. In the absence of agreement the employer shall undertake not to refer an application for exemption to the Exemptions Board established by the Council.

(c)	The agreement shall be referred to the Council or Regional Chamber for registration and any agreement concluded in terms of subclause (1) (a) (i) above that is in contravention of any law or the minimum employment standards set out in this part of the Agreement shall be null and void ab initio.