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

Notices

Bargaining Council for the Motor Ferry Industry

Extension to non-parties of the Main Collective Agreement

25. Exemptions by the Council
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25.1. Applications by both parties and non-parties for exemption from any of the provisions of this Agreement shall comply with the following requirements—
25.1.1. The applicant must negotiate with the respective unions (or employees in the absence of a recognised union) in an attempt to reach consensus regarding the application.
25.1.2. If consensus is reached, an agreement signed by the Employer and Union or affected Employee/s (in the absence of a recognised Union) must be attached in support of the application.
25.1.3. If no agreement is reached, the Union or affected Employee/s (in the absence of a recognised union) must be given the opportunity to sign the application indicating its/their lack of agreement whereafter the applicant shall be entitled to forward the application to the Council's exemption committee at the following address for consideration:
25.1.3.1. Motor Ferry Industry Bargaining Council, Regus Business Centre, 2nd Floor, West Tower, Nelson Mandela Square, 2146, Tel (011) 881 5600, e-mail [email protected].

 

25.2. The application shall be considered by the relevant body at its regular meeting and will make a decision in writing, giving written reasons therefore. The application for exemption must be decided upon within a period of 30 days of receipt thereof.

 

25.3. If any party, including the applicant, the union or an Employers Association which is party to the Council is dissatisfied with the decision, then that party may appeal to the Independent Appeal Board.

 

25.4. The Applicant must notify the Council in writing of its intention to appeal within 14 days of its application for exemption having been refused. The Applicant must then lodge its appeal within 10 days of his Notice of Intention to Appeal. A party that wishes to oppose the appeal must file its opposition with the Council within 10 days of being notified of the appeal. The Council must then, within a period of 10 days, constitute the independent appeal body, which body must decide the appeal within a period of 10 days.

 

25.5.In considering the application, the Exemption Body and the Independent Appeal Body shall take into consideration all relevant factors, which may include, but shall not be limited to, the following criteria:
25.5.1. The applicant's past record (if applicable) of compliance with the provisions of Council's Collective Agreements and Exemption Certificates;
25.5.2. Any special circumstances that exist;
25.5.3. Any precedent that might be set;
25.5.4. The interests of the Industry as regards:
25.5.4.1. unfair competition;
25.5.4.2. collective bargaining;
25.5.4.3. potential for labour unrest; and
25.5.4.4. increased employment.
25.5.5. The interests of employees as regards:
25.5.5.1. exploitation;
25.5.5.2. job preservation;
25.5.5.3. sound conditions of employments;
25.5.5.4. possible financial benefits;
25.5.5.5. health and safety; and
25.5.5.6. infringement of basic rights.
25.5.6. The interests of the employers as regards:
25.5.6.1. financial stability;
25.5.6.2.impact of productivity;
25.5.6.3. future relationship with employees' trade union; and
25.5.6.4. operational requirements.

 

25.6.The Independent Appeal Board shall hear and decide and inform the applicant and the council as soon as possible and not later than 30 days after the appeal has been lodged against the decision of the exemptions body.

 

25.7. The Independent Body established by Council in terms of section 32 of the Labour Relations Act of 1995 shall consist of a panel of 2 independent experts appointed by the Council to consider appeals against the refusal by Council's Exemption Body to grant exemptions or the withdrawal of an exemption by the Council. The Independent experts shall be South African citizens with no less than 5 years' experience in dispute resolution. The independent experts must also be knowledgeable about the labour market, conditions of employment and exemption processes.