Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Extension of Construction Industry Retirement Benefit Fund Collective Agreement to non-parties9. Exemptions |
| 9.1 | General |
| (i) | Any person bound by this Agreement may apply for exemption. |
| (ii) | The authority of the Council to consider and make recommendations on the granting of exemptions (excluding the hearing of appeals) is delegated to the Bargaining Council for the Civil Engineering Industry (herein after called the "Council") |
| (iii) | An employer who has obtained an exemption from the Council shall be required to apply in writing, should he wish to rejoin the Fund at a later stage. |
| 9.2 | Fundamental principles for consideration |
| (i) | All applications must be in writing, on an application form obtainable from the Council and fully motivated and sent to the Council. |
| (ii) | 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. |
| (iii) | The employer must consult with the workforce, through a trade union representative or, where no trade union is involved, with the workforce itself, and must include the views expressed by the workforce in the application. |
| (a) | Where the views of the workforce differ from that of the employer, the reasons for the views expressed must be submitted with the application. |
| (b) | Where an agreement between the employer and the workforce is reached, the signed written agreement must accompany the application. |
| (iv) | The exemption shall not contain terms that would have an unreasonably detrimental effect on the fair, equitable and uniform application of this Agreement in the Industry. |
| (v) | An application for exemption shall not be considered if the contents of the application are covered by an arbitration award binding the applicant. |
| 9.3 | Urgent applications |
| (i) | In cases of urgent applications, details may be e-mailed, faxed or delivered to the Council. |
| (ii) | The Council will consider the application, make a recommendation and communicate that recommendation to the Council without delay. |
| (iii) | The applicant is expected to put forward a substantive explanation in writing as to the reason/s of urgency pertaining to the application. |
| 9.4 | Process |
| (i) | The Council shall issue to every person to whom exemption has been granted an exemption license, setting out the following: |
| (a) | the full name of the person or company concerned; |
| (b) | the provisions of this Agreement from which the exemption has been granted; |
| (c) | the conditions subject to which exemption is granted; |
| (d) | the period of the exemption; |
| (e) | the date from which the exemption shall operate; and |
| (f) | the area in which the exemption applies. |
| (ii) | The Council shall ensure that— |
| (a) | all exemption licenses issued are numbered consecutively; |
| (b) | an original copy of each license is retained by the Council; |
| (c) | a copy of the exemption license is sent to the applicant. |
| (iii) | The Council may withdraw the exemption at its discretion. |
| 9.5 | Appeals |
| (i) | An independent body, referred to as the Independent Exemptions Appeal Board (the "Board"), is hereby appointed and shall consider any appeal against an exemption granted or refused by the Council, or a withdrawal of an exemption. |
| (ii) | The Council Secretary will on receipt of an appeal against a decision to refuse the granting of an exemption, submit it to the Independent Exemptions Appeal Board for consideration and finalisation. |
| (iii) | In considering an appeal the Board shall consider the recommendations of the Council, any further submissions by the employer and the workforce or their respective employee organisations or trade unions and shall take into account the criteria set out above and also any other representations received in relation to the application. |
| (iv) | Should the appeal be granted a license of exemption shall be issued in terms of subclause 9.4(i) and (ii) above. |