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

Appendix B : Bargaining Council for the Civil Engineering Industry: Exemption and Appeal Policy

Exemption Procedure
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Important note for management:

Any person bound by this agreement may apply for an exemption. It is important to note that exemption applications must be lodged with the bargaining council within 30 days after the BCCEI Agreement has been gazetted/published.

 

The industry's current wage exemption procedure continues to apply.  Any company that is unable to implement the full wage increase may make application to the council to implement wage increases of a lesser amount than those agreed.

 

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:

 

•Individual companies seeking exemption must complete the exemption application form detailed in in this document. 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 extension to non-parties.)

 

•The proposed exempted wage increase 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 wage increase will apply from the date of publication of the BCCEI Wage and Task Grade Agreement.

 

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