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

Notices

Bargaining Council for the Civil Engineering Industry: Extension of Registration and Administration Expenses Collective Agreement to Non-Parties

Part IV

3. Exemptions

 

3.1 General
(i) Any person bound by this Agreement may apply for exemption.
(ii) The Council may consider and grant exemptions.
(iii) Where additional and/or outstanding information is requested in respect of an exemption application and such information is not received within a period of 7 days the application will expire.

 

3.2 Fundamental principles for consideration
(i) All applications must be in writing and fully motivated as per exemptions policy and sent to the Council.
(ii) In scrutinizing an application for exemption, the Council will consider the views expressed by the employer and the workforce, together with any other representations received in relation to that application
(iii) The employer must consult with the workforce, through a trade union representative or, where no trade union is involved, with the workforce itself, and must include the views expressed by the workforce in the application. Where the views of the workforce differ from that of the employer, the reasons for the views expressed must be submitted with the application. Where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application.
(iv) The exemption shall not contain terms that would have an unreasonably detrimental effect on the fair, equitable and uniform application of this Agreement in the Industry.
(v) An application for exemption shall not be considered if the contents of the application are covered by an arbitration award binding the applicant.

 

3.3 Urgent applications
(i) In cases of urgent applications, details may be e-mailed, faxed or delivered to the Council.
(ii) The General Secretary with the Chairperson or Vice Chairperson will consider the application, make a decision and communicate that decision to the applicant without delay.
(iii) The applicant is expected to put forward a substantive explanation as to the reason of urgency pertaining to the application.

 

3.4 Process
3.4.1 The Council shall issue to every person to whom exemption has been granted, an exemption license, setting out the following:
(i) the full name of the person or enterprise concerned;
(ii) the provisions of this agreement from which the exemption has been granted;
(iii) the conditions subject to which exemption is granted;
(iv) the period of the exemption;
(v) the date from which the exemption shall operate; and
(vi) the area in which the exemption applies.
3.4.2 The Council shall ensure that—
(i) all exemption licenses issued are numbered consecutively;
(ii) an original copy of each license is retained by the Council;
(iii) a copy of the exemption license is sent to the applicant.

 

3.5 Unless otherwise specified, any exemption from this Agreement shall be valid only on the site for which the application was made.

 

3.6 The Council may withdraw the exemption on adequate evidence provided that shows a direct contravention of the terms and conditions set out in the exemptions license.

 

3.7 Appeals
(i) An independent body, referred to as the "Independent Exemptions Appeal Board" (the Board) shall be appointed and shall be responsible for the consideration of any appeal against an exemption granted or refused by the Council, or a withdrawal of an exemption.
(ii) The General Secretary shall, on receipt of an appeal against a decision of the Council, submit it to the Independent Exemptions Appeal Board for consideration and finalisation.
(iii) In considering an appeal, the Board shall consider the recommendations of the Council, any further submissions by the, employer and employees, the criteria set out above and also any other representations received in relation to the application.
(iv) Should the outcome of the appeal be successful, an exemption shall be either issued or withdrawn respectively.