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)

Constitution

The Independent Exemptions Appeal Board for the Metal and Engineering Industries Bargaining Council

Part 2: The Board

Purchase

5.	Purpose of Board

5.1	The purpose of the Board is to hear and decide all appeals against exemptions—

5.1.1

brought by parties to the Council;

5.1.2

brought by non-parties to the Council.

5.1.3

This will include a refusal by the Council to grant an exemption or a withdrawal of an exemption.

6.	Composition of Board

6.1	The Council must appoint to the Board, on such terms and conditions they deem fit. The Board will comprise:

6.1.1

three permanent members;

6.1.2

three alternate members.

6.2	Board members hold office until—

6.2.1

they resign on three months’ written notice to the Council; or

6.2.2

the Council resolves to terminate their membership of the Board.

7.	Chairperson of the Board

7.1	The Board shall elect one of the permanent Board members as chairperson of the Board.

7.2	If the chairperson is not present at a meeting of the Board, the other Board members present must elect a chairperson for that meeting.

8.	Conduct of members of Board

8.1	Members of the Board—

8.1.1

must be independent and impartial and perform the functions of office in good faith;

8.1.2

must recuse themselves from any appeal hearing, if they have a direct financial interest or any other conflict of interest in the subject matter of the appeal.

Quorum

9.1	Subject to sub-clauses 9.2 and 9.3, two members of the Board form a quorum for any meeting of the Board.

9.2	If only two members are present at a meeting and they cannot reach consensus on any issue to be determined, the appeal must be postponed to a further meeting of the Board and that further meeting must be attended by three Board members.

9.3	If an application to lead oral evidence or to present oral submissions is granted, the appeal must be heard by a meeting attended by three members of the Board.

10.	Decisions of Board

10.1	A decision of a quorate meeting of the Board is a decision of the Board.

10.2	A decision agreed and confirmed in writing by three members of the Board, is as valid as a decision adopted at a duly convened meeting of the Board.

10.3	A decision of the Board must be signed by the Chairman.

10.4	Proceedings of the meetings of the Board shall be minuted by the Council secretariat. Such minutes shall be confirmed at the next meeting of the Board and signed by the Chairman.

11.	Meetings of Board

11.1	Unless otherwise provided for in this clause, the chairperson of the Board must determine the date and time for Board meetings, in consultation with the Council.

11.2	The Board must meet—

11.2.1

at least once a month, unless there are no appeals to be considered; or

11.2.2

when requested to do so by the Council or by the chairperson and vice-chairperson of the Council, on the basis of the urgency of an appeal.

11.3	If a meeting of the Board does not finalise an appeal, the meeting may be postponed to a date and time agreed by the Board.

12.	Convenor of the Board

12.1	The Chief Executive Officer of the Council shall appoint an employee of the Council as convenor of the Board.

12.2	The convenor may participate in Board meetings but may not vote.

12.3	The convenor is responsible for—

12.3.1

giving Board members notice of meetings;

12.3.2

keeping minutes of Board meetings;

12.3.3

tape-recording Board meetings, if required to do so by the Board;

12.3.4

carrying out any other duties imposed by this Constitution or required of the convenor by the Board or the Council.

12.4	The Chief Executive Officer of the Council may delegate any of the convenor’s functions to any other employee of the Council.