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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part 2

5. Annexures

Annexure K - National Exemptions Policy

2. Fundamental Principles
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The following are fundamental principles which are legal obligations imposed on the Council by its Agreements and which will also be applied by the Independent Exemptions Appeal Board (IEAB).

 

2.1 All applications must be in writing and fully motivated, and sent to the Regional Office of the Council for the area in which the applicant is located, for consideration by the Council. Supporting documentation and details of consultations shall be submitted in accordance with the requirements as set out in the Application form, namely: audited financial statements for the financial year under review; auditors report together with balance sheets and income statements for the last three (3) months immediately prior to the application; business plan and motivation.

 

2.2 In scrutinising 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.

 

2.3 The exemption shall not contain terms that would have an unreasonably detrimental affect on the fair, equitable and uniform application of the Main Agreement in the Industry.

 

2.4 Wage and wage related exemptions should not generally be granted beyond the expiration of the

agreement provided that the Council may at its discretion and on good cause shown agree to a longer

period (but not an indefinite period)

 

2.5 The employer must consult with the work force, through a trade union representative or, where no trade union is involved, with the work force itself, and must include the views expressed by the work force in the application.

 

2.5.1 Where the views of the work force differ from that of the employer, the reasons for the views expressed must be submitted with the application.

 

2.5.2 Where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application.

 

2.6 The authority of the Council is to consider applications for exemption. In the event of an appeal against the decision of the Council, the Secretary will on receipt of the appeal submit it to the IEAB for consideration and finalisation.

 

2.7 Retrospectivity

 

Applications for exemption involving monetary issues may not be granted retrospectively.

 

2.8 Urgent applications

 

2.8.1 In cases of urgent applications, details may be faxed, e-mailed or delivered to the Council in the region where the applicant is located.

 

2.8.2 The Council or Chairperson and Vice Chairperson and Regional Manager will consider the application, make a decision and communicate that decision to the applicant without delay.

 

The decision will be ratified and minuted at the next meeting of the Council.

 

2.8.3 The applicant is expected to put forward a substantive explanation as to the urgency of the application.