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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Exemptions Collective Agreement

Extension of Consolidated Exemptions Collective Agreement to Non-parties

3. Introduction

 

(a) In terms of the Labour Relations Act, the BCCEI established a Committee to deal with applications for exemption from the provisions of the BCCEl's Collective Agreements .

 

(b) Applications shall be dealt with within 30 (thirty) calendar days of receipt of the completed application and all supporting documentation.

 

(c) Appeals in respect of decisions made with regards to exemption applications must be referred to the IAB for a final decision.

 

(d) Applications must be considered on the basis of this agreement in order to ensure consistency in the granting or refusing of exemption applications.

 

(e) Reasons for granting or refusing an application shall be recorded and retained by the Office. These reasons must be supplied to affected parties on request. The Office will give consideration to motivated requests for such reasons from any other interested parties.

 

(f) The Committee and the IAB may at any time, after prior notification and after allowing the affected parties an opportunity to make representations, withdraw an exemption either wholly or in part, or amend the conditions under which the exemption was issued, or amend the conditions of employment and other matters regulated under the exemption. Nothing precludes the Committee and the IAB from considering any other submissions in its discretion.

 

(g) Time limits:
i. An application for exemption from an existing provision of a Collective Agreement must be lodged with the BCCEI not less 3 (three) months prior to the date of intended implementation of the requested exemption.
ii. An exemption application relating to the payment of the Year-End Bonus,must reach the BCCEI by no later than 15 September of the year in question.
iii. An application for exemption from any newly published clause of a collective agreement must be lodged with the BCCEI within 30 (thirty) calendar days of the date of publication of the new clause.
iv. The Committee and IAB may however, on detailed and good cause shown by the applicant, condone a late application for exemption. An applicant for condonation of its late application for exemption, must provide proof to the Committee and/or IAB that the application has been served on the employees' representative trade union, and in the absence of a representative trade union, on the employees' elected representatives and if the employees do not have elected representatives, on the employees themselves .