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

Notices

Bargaining Council for the Civil Engineering Industry: Extension of Registration and Administration Expenses Collective Agreement to Non-Parties

Appendix B : National Exemptions Policy for the Bargaining Council for the Civil Engineering Industry

1. Introduction
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1.1 The purpose of this document is to set out the policies which will apply to the consideration of applications for exemptions.

 

1.2 The Council should determine the appropriate level at which exemption decisions will be made and may choose to implement one of the following approaches in this regard:
1.2.1 Determine the specific types of exemption applications which "The Exemptions Body" may deal with and those which could be referred to the Council for decision; or
1.2.2 Determine that all exemption applications must be dealt with by the "The Exemptions Body".

 

1.3 Exemptions shall be dealt with within 30 days of receipt thereof.

 

1.4 Where the Council or "The Exemptions Body" is given the authority to deal with an exemption application and an appeal is lodged against the Council or "The Exemptions Body" decision then this appeal must be referred to the Independent Exemptions Appeal Board for final decision.

 

1.5 Exemption applications must be considered on the basis of criteria established by the BCCEI Management Committee (MANCO) in order to ensure consistency in the granting or refusing of exemption applications and in accordance with the provisions of Chapter 6, Clause 1 of the BCCEI Conditions of Employment Collective Agreement.

 

1.6 The Council or "The Exemptions Body" wishing to apply other criteria to address a specific situation must make specific recommendations in this regard to the BCCEI Management Committee (MANCO) to obtain approval prior to implementing the desired criteria.

 

1.7 Reasons for granting or refusing an application shall be recorded and retained by the Council. The applicant must on request be supplied with reasons for refusal of an application for exemption.

 

1.8 The BCCEI Management Committee (MANCO) may at any time after prior notification, withdraw an exemption either wholly or in part, or amend the conditions under which the exemption was issued, or amend the conditions of employment and other matters regulated under the exemption.