| (1) |
Any person bound by this Agreement may apply for exemption. |
| (2) |
The Bargaining Council has the authority to consider application for exemptions and/or licenses issued for exemptions. |
| (3) |
All applications for exemption shall be made in writing on the appropriate application form, obtained from the Bargaining Council, setting out relevant information, including: |
| (a) |
The provision of the agreement in respect of which exemption is sought; |
| (b) |
The number of persons in respect of whom the exemption is sought; |
| (c) |
The reasons why the exemption is sought; |
| (d) |
The nature and size of the business in respect of which the exemption is sought; |
| (e) |
The duration and timeframe for which the exemption is sought; |
| (f) |
The business strategy and plan of the applicant seeking the exemption; |
| (g) |
The recorded views expressed by the trade union or workforce itself during the plant level consultation process and where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application; and |
| (h) |
Any other relevant supporting data and financial information the Council may prescribe from time to time. |
| (4) |
An exemption application in respect of a term or provision in a Collective Agreement: |
| (a) |
Concluded in the Council that applies throughout the Industry must be considered by an exemptions body appointed by the Council. |
| (5) |
The Bargaining Council shall decide on an application for exemption within 30 days of receipt. |
| (6) |
Upon receipt of an application by the Bargaining Council, it shall immediately refer the application to the exemptions committee which may, if deemed expedient, request the applicant to attend the meeting at which the application is considered, to facilitate the deliberations. |
| (7) |
The regional office may, if an application is found to be incomplete, request additional information from an applicant applying for exemption, the applicant will be afforded 30 days to provide the required information failing which the application will be deemed to be rejected. |
| (8) |
In scrutinising an application, the exemption committee or the Independent Exemptions Appeal Board (IEAB) will consider the details of the application, the views expressed by the trade union or workforce, affected employers, any other representations received in relation to the application,and the factors and criteria as listed In sub-clause 12 below. |
| (9) |
The General Secretary must advise the applicant in writing of the decision of the exemptions body within 15 days from the date of the decision. |
| (10) |
In the event of the exemptions committee granting, partially granting (recommending) or refusing to grant an application, the applicant shall be informed for the reasons for the decision and have the right to appeal in writing on the appropriate appeal application form against the decision to the IEAB, within 14 days from the date of being informed of the outcome. such an appeal must be filed with the Convenor of the IEAB on the following address (should the address be changed the Industry will be advised accordingly): |
Attention: The IEAB Convenor - Mr Vice Ngonyama
Metal and Engineering Industries Bargaining Council
1st Floor Metal Industries House
42 Anderson Street
Johannesburg
Gauteng, 2001
Fax: (086) 636 8690
Tel: (011) 639 8000
Email: [email protected]
| (11) |
The IEAB shall hear and decide and inform the applicant and the Bargaining Council as soon as possible but not later than 30 days after the appeal has been lodged against the decision of the exemption committee. |
| (12) |
When considering an application or appeal, the exemption committee or IEAB whichever the case may be must consider, in addition to sub-clause 8, the following: |
| (i) |
Whether the granting of the exemption or appeal will prejudice the objectives of this agreement; |
| (ii) |
The duration of an exemption granted on financial grounds, supported by a report from an Independent auditor appointed by the Council shall be limited to 12 months. |
| (13) |
In the event of the IEAB granting, partially granting (recommending) or refusing to grant the appeal, the applicant shall be informed in writing within 14 days from the date of the decision. |
| (14) |
The decision of the IEAB is final and binding upon the applicant and the Bargaining Council. |
| (15) |
If an exemption or appeal is granted or partially granted (recommended), the exemption committee or the IEAB, shall issue a license for exemption or appeal, signed by the General Secretary, containing the following particulars: |
| (a) |
The full name of the applicant(s) or enterprise concern; |
| (c) |
The provisions of the Agreement from which exemption or appeal has been granted; |
| (d) |
The period for which the exemption or appeal shall operate; |
| (e) |
The date of issue and from which day the exemption or appeal shall operate; |
| (f) |
The condition(s) of the exemption or appeal granted; and |
| (g) |
The area in which the exemption or appeal applies. |
| (16) |
An employer to whom a license has been issued shall at all times have the license available for inspection at the workplace. |
| (17) |
The General Secretary must maintain a register of all exemption licenses. |
South African Council for Educators Act, 2000
