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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties

13. Appendices to the Agreement

Appendix B : Exemption Procedure

 

Appendix B

 

Exemption Procedure

 

Important note for Management:

 

It is important to note that an exemption application must be lodged with the bargaining council within 30 days after the BCCEI Conditions of Employment Collective Agreement has come into operation

 

The industry's current exemption procedure continues to apply.

 

If the application is rejected then an appeal may be immediately lodged with the bargaining council's Independent Exemption Appeals Board which is an independent body established in terms of the Labour Relations Act.

 

The exemption procedure is detailed hereunder:

 

• Wage Related Exemptions - Individual companies seeking exemption to pay a lesser wage increase must complete the wage exemption application form detailed within the BCCEI Conditions of Employment Collective Agreement as Appendix C. It is vital that companies utilize the standard application form to expedite the exemption process.

 

• Companies seeking exemption must consult their employees on the intention to apply for exemption and the application should contain details and proof of this consultation process. It is important to note that the employees' view on the application is not decisive but merely one of the factors that the Council and Board will take into account when considering the application.

 

• The exemption application must be fully motivated as required. In this regard the guidelines hold relevance.

 

• The application must be lodged with the council as soon as possible (but by no later than 30 days after the coming into operation.) of this Agreement.

 

• The proposed exemption should be implemented by the company until the exemption process has been concluded, after which any adjustments must be applied retrospectively from date of application of the agreement (i.e. if the exemption is refused, then the full agreed working conditions will apply from the date of coming into operation of the BCCEI Conditions of Employment Collective Agreement.

 

• The council will make a decision on the exemption application. Where the exemption is rejected, an appeal may be lodged with the Independent Exemption Appeals Board.