Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to non-parties of the Main Collective AgreementPart lA - Administrative issuesClause 4 - Exemptions |
| (1) | The Council may grant exemption from any or all the provisions of the Agreement for any good and sufficient reason. |
| (2) | The Council shall determine the conditions and periods and may, if it deems fit, after one week's notice in writing has been given to the person concerned, withdraw any license of exemption. |
| (3) | The Council hereby establishes an exemptions body, to consider all applications for exemptions of the Council's Collective Agreements. |
| (4) | The exemption body shall decide on an application for exemption within 30 days of receipt. |
| (5) | Applications for Exemptions shall be in writing on the prescribed form and be fully motivated with relevant supporting documents and if applicable most recent audited financial statements and management accounts. |
| (6) | Upon receipt of an application Council shall refer it to the Exemptions Body which may request the applicant to attend the meeting at which the application is considered. |
| (7) | The Secretary of the Council shall issue to every person granted exemption a license signed by the Secretary of the Council setting out— |
| (a) | the full name of the person concerned; |
| (b) | the provisions of the Agreement from which exemption is granted; |
| (c) | the conditions of exemption; |
| (d) | the period for which the exemption shall operate. |
| (8) | The Secretary of the Council shall— |
| (a) | number consecutively all licenses issued; |
| (b) | retain a copy of each license issued; and |
| (c) | where exemption is granted to an Employee, forward a copy of the license to the Employer concerned. |
| (9) | In the event of the Exemptions Body refusing to grant an application, the applicant shall have the right to appeal in writing against the decision to the Independent Body. The independent body must hear and decide, as soon as possible and not later than 30 days after the appeal is lodged. |
| (10) | The notice of appeal must set out the grounds on which the applicant's appeal is based. |
| (11) | In considering the application, the Exemptions Body and Independent Body shall take into consideration all relevant factors, which may include, but shall not be limited to, the following criteria: |
| (a) | The applicant's past records (if applicable) of compliance with the provisions of this agreement, its amendments and Exemptions Certificate; |
| (b) | Any special circumstance that exist; |
| (c) | Any precedent that might be set; |
| (d) | The period for which the exemption will operate; |
| (12) | If the application is granted, the Exemption Body or Independent Body shall issue an exemption certificate, signed by the Secretary, containing the following particulars: |
| (a) | the full name of the applicant(s); |
| (b) | the trade name; |
| (c) | the provisions of the Agreement from which exemption is granted; |
| (d) | the period for which the exemption shall operate. |
| (e) | the date of issue; |
| (f) | the condition(s) of the exemption granted. |
| (13) | The Exemptions Body or Independent Body shall; |
| (a) | retain a copy of the certificate and number each certificate consecutively; |
| (b) | forward a copy of the certificate to the Secretary of the Council; and |
| (c) | forward to the employer a copy of a certificate issued to an employee. |
| (14) | An employer to whom a certificate has been issued shall at all times have the certificate available for inspection at his establishment. |