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

Notices

National Bargaining Council of SA Leather Industry

The Agency Shop Collective Agreement for Employees

Extension to Non-Parties of the Agency Shop Collective Agreement for Employees

Annexure A : Exemption and Exemption Appeal Policy and Procedure

6. Exemptions
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6.1APPLICATION PROCESS

 

6.1.1Applications for exemption from the provisions of a collective agreement must be made in writing on the prescribed application form, and lodged with the local office of the Council.
6.1.2Applications must be motivated and supported by relevant documents, data and audited financial statements (where applicable)  and other relevant financial information.
6.1.3Applications that impact employees terms and conditions of employment must be accompanied by written proof that employees and/or their representatives/trade unions have been consulted and further accompanied by a record of their support or not of the application.
6.1.4Applications must indicate the period for which the exemption is sought.

 

6.2EXEMPTION PROCEDURE

 

6.2.1The Council must open and maintain a register for each application which records the following:
6.2.1.1date of receipt of application
6.2.1.2reference number
6.2.1.3name of applicant
6.2.1.4brief description of exemption application
6.2.1.5name of the Agreement and the clause/s from which exemption is sought
6.2.1.6date of validation of exemption application
6.2.1.7date of exemption hearing
6.2.2Upon receipt of an application, the date received must be recorded in the register
6.2.3The agent of the relevant District Office shall on receipt of an application scrutinise the application to ensure that the application is complete and valid.
6.2.4Should the agent find the application to be incomplete, the agent shall send written communication to the applicant advising of this and what is required to complete the application
6.2.5After the agent is satisfied that the application is complete, the application shall be considered valid and the agent shall record the date of validation accordingly.
6.2.6Within five days from date of validation the agent shall verify the employer's consultation with the employees/trade union and report in writing whether the employees I trade union support or oppose the application.
6.2.7Within seven days of receipt of the agent's report on the consultation  process, the General Secretary shall arrange a date, time and venue for the hearing of the application.
6.2.8The set down date for the hearing must not be later than 30 days of the validation of the application by the Agent.
6.2.9The General Secretary shall notify the applicant in writing of the date, time and venue of the hearing.
6.2.10In the event that the applicant does not attend the hearing, the Exemptions Committee will consider the application on the written application and supporting documents.
6.2.11The General Secretary must within fourteen days of the exemption being granted advise the applicant of such decision in writing and issue a Licence of Exemption setting out the following:
6.2.11.1The full names of the Applicant.
6.2.11.2The provisions of the collective agreement from which the exemption has been granted.
6.2.11.3The conditions subject to which the exemption is granted.
6.2.11.4The  period  which  the  exemption  will  operate  clearly stating the commencement and expiring dates.
6.2.12Where the Committee does not approve an Application or part thereof or when deciding to withdraw an Exemption, the General Secretary must advise the applicant in writing within fourteen days of the date of such decision and provide the Applicant with reasons therefor.