Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement29. Exemptions |
(1)
| (a) | The Council hereby confirms the status of an Exemptions Committee to consider applications for exemption from any of the provisions of this Agreement. |
| (b) | Any party or non-party may lodge an appeal to the Independent Appeal Board - established by the Council in terms of section 32 of the Act - against the decision(s) taken by the Exemption Committee, or the withdrawal of such, an exemption. Provided that: no representative, office bearer, or official of the Council, trade union or employers' organisation party to the Council may be a member or participate in the deliberations of the Independent Appeal Board |
| (2) | All applications for exemption or appeals shall be in writing (on an application form as provided by the Council) and shall be addressed to the secretary of the Council for consideration by the Exemptions Committee or the Independent Appeal Board (as the case may be) appointed by the Council. |
| (3) | All applications for exemption or appeal shall include the following details: |
| (a) | the period for which the exemption is required; |
| (b) | the Agreement, clause(s) or sub clause(s) of the Agreement from which exemption is required; |
| (c) | proof that the exemption applied for, has been discussed with the employer, the employee(s) and their respective representatives. The responses resulting from such consultation(s), either in support of or against the application, are to be included with the application. |
| (4) | The Secretary of the Council shall provide the Exemptions Committee or the Independent Appeal Board (as the case may be) with the details of the applications for exemption. |
| (5) | The Exemptions Committee or the Independent Appeal Board (as the case may be) shall consider and decide on all written applications no later than thirty (30) days from the date the Council received the application or appeal, and, if deemed expedient request the applicant(s) or objector(s) to attend the meeting at which the application or appeal is considered, to facilitate the deliberations. |
| (6) | Once the Exemptions Committee or the Independent Appeal Board has decided to grant an exemption, the Council shall issue a certificate and advise the applicant(s) within 14 days of the date of its decision. |
| (7) | When the Exemptions Committee or the Independent Appeal Board has decided against granting an exemption requested, the Council shall advise the applicant(s) within 14 days of the date of such decision and shall provide the reason(s) for not granting an exemption. |
| (a) | An incomplete application that the applicant failed to complete will be dismissed within 30 days from the date the Council received the application. |
| (8) | Exemption Criteria: The Exemptions Committee and the Independent Appeal Board shall consider all applicants for exemption with reference to the following criteria: |
| (a) | The written and verbal substantiation provided by the applicant; |
| (b) | the extent of consultation with and the petition for or against granting the exemption as provided by employers or employees who are to be affected by the exemption if granted; |
| (c) | the scope of the exemption required; |
| (d) | the infringement of basic conditions of employment rights; |
| (e) | the fact that a competitive advantage is not created by the exemption; |
| (f) | the viewing of the exemption from any employee benefit fund or training provision in relation to the alternative comparable bona fide benefit or provision, including the cost of the employee, transferability, administration management and cost, growth and stability; |
| (g) | the extent to which the proposed exemption undermines collective bargaining and labour peace in the Tearoom, Restaurant and Catering Trades; |
| (h) | any existing special economic or other circumstances which warrant the granting of the exemption; |
| (i) | cognisance of the recommendations contained in the Report of the Presidential Commission to investigate Labour Market Policy. |
| (9) | Non-party applications for exemption or appeals against the decision of the Exemptions Committee must be dealt with, within thirty (30) days from the date the Council received the application or appeal as the case may be. |