Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Administrative Collective AgreementExtension to Non-Parties of the Administrative Collective AgreementClause 4 - Exemptions |
| (1) | Exemption from any of the provisions of any of the Council's Agreements may be granted by the Council, to any party or non-party on application. |
| (2) | Application for exemption to the Council shall be made, in a form prescribed by the Council to the General Secretary of the Council. |
| (3) | The Council shall fix the conditions subject to which such exemptions shall be valid, and may, if it deems fit, after one week's notice has been given, in writing, to the person(s) concerned, withdraw any certificate of exemption. |
| (4) | Should a party wish to appeal a decision of the Council to refuse to grant an exemption or ta withdraw any licence of exemption granted to it, other than a decision relating to an application for exemption relating to actual and/or guaranteed increases, it shall appeal, within 14 calendar days of receiving reasons in writing of such refusal or withdrawal, the decision of the Council to the Independent Board. Written reasons shall only be furnished to a Party upon receipt of a written request for such reasons by the Council no later than 14 calendar days from the date of receipt of written notification of such refusal or withdrawal. In the event of an appeal against the decision of the Exemptions to withdraw an exemption of a party, such decision to withdraw shall not be implemented before the outcome of the appeal to the Independent Board. |
| (5) | The General Secretary of the Council shall issue to every person granted an exemption, a certificate signed by him setting out— |
| (a) | the name of the person concerned; |
| (b) | the provisions of this Agreement from which exemption is granted; |
| (c) | the conditions subject to which such exemption is granted; and |
| (d) | the period during which the exemption shall be valid. |