Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Laundry Cleaning and Dyeing IndustryKwa Zulu NatalExtension to Non-Parties of the Main Collective AgreementPart H : General32. Exemptions |
| 32 .1 | The Council hereby establishes an exemptions body, constituted of persons independent of the Council, to consider all applications for exemptions of the Council's Collective Agreements. The exemption body shall decide on an application for exemption within 30 days of receipt In terms of section 32(3)(e) of the Act, the Council establishes an Independent Body to hear and decide as soon as possible any appeal brought against the Exemptions Body's refusal of a non-party's application for exemption from the provisions of a collective agreement or withdrawal of a non-party exemption by the Exemptions Body or Council. The Independent Body shall hear and decide as soon as possible and not later than 30 days after the appeal has been lodged against the decision of the exemptions body. 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 Body. |
| 32.2 | Applications for Exemptions shall be in writing on the appropriate application form contained in Annexure D. |
| 32.3 | All applications for exemption shall be motivated in accordance with the exemption criteria set out below: |
| (a) | The period for which the exemption is sought. |
| (b) | The number of employees affected and how many of such employees are members of a registered trade union. |
| (c) | Be accompanied by relevant supporting data and financial information. |
| (d) | Applications that affect employees' conditions of service shall not be considered unless the employees or their representatives have been properly consulted and their views fully recorded in an accompanying document. |
| (e) | If the nature of the relief sought dictates, the application shall be accompanied by a plan reflecting the objectives and strategies to be adopted to rectify the situation giving rise to the application and indicating a time frame for the plan. |
32.4
| (a) | Upon receipt of a valid application Council shall refer it to the Exemptions Body which may, if deemed expedient, request the applicant to attend the meeting at which the application is considered, to facilitate the deliberations. |
| (b) | In the event of the Exemptions Body refusing to grant an application, the applicant shall have the right to appeal in writing against the decision to the Independent Body. An appeal to the Independent Body must be noted in writing within one month of the Applicant becoming aware of the Exemptions Body's decision, or such further time as the Independent Body may allow but not later than 30 days of the appeal being lodged. The notice of appeal must set out the grounds on which the applicant's appeal is based. |
| (c) | In the event of the Exemptions Body granting an application, the Council or any other interested party shall have the right to appeal against the decision to the Independent Body and the provisions of 32.4(b) with the necessary changes to its context will apply. |
| (d) | The Exemptions Committee of Council appoint not more than four persons who shall be entitled to attend all meetings of the Exemptions Body which applications for exemptions, are considered, to make representations to the Exemption Body on any of the applications. |
| 32.5 | In considering the application, the Exemptions Body and Independent Body shall take into consideration all relevant factors, which may include, but shall not be limited to, the following criteria: |
| (a) | The applicant's past record (if applicable) of compliance with the provisions of this agreement, its amendments and Exemptions Certificate. |
| (b) | any special circumstance that exist; |
| (c) | any precedent that might be set; |
| (d) | the period for which the exemption will operate |
| (e) | it is fair to both the employer, its employees and other employees in the sector; |
| (f) | it does not undermine this Agreement; |
| (g) | it will make a material difference to the viability of a business; |
| (h) | it will assist with unexpected economic hardship occurring during the currency of the Agreement and will save unnecessary job losses. |
| (i) | the interest of the industry as regards: |
| (i) | unfair competition; |
| (ii) | collective bargaining; |
| (iii) | potential for labour unrest; |
| (iv) | increased employment; |
| (g) | the interest of employees' as regards: |
| (i) | exploitation; |
| (ii) | job preservation; |
| (iii) | sound conditions of employment; |
| (iv) | possible financial benefits; |
| (v) | health and safety; |
| (vi) | infringement of basic rights |
| (k) | the interest of the employer as regards: |
| (i) | financial stability; |
| (ii) | impact on productivity; |
| (iii) | future relationship with employees' trade union; |
| (iv) | operational requirements |
| 32.6 | The Exemptions Body or Independent Body must decide the exemption or appeal as the case may be within 14 days of the last date of the hearing and notify the parties of the decision and the reasons therefore, which reasons may be given at a later time but not later than 30 days after the decision. |
| 32.7 | If the application is granted, the Exemptions Body or Independent Body shall issue an exemption certificate, signed by its Chairman and Secretary, containing the following particulars: |
| (a) | the full name of the applicant(s); |
| (b) | the trade name; |
| (c) | the provisions of the Agreement from which exemption is granted; |
| (d) | the period for which then exemption shall operate; |
| (e) | the date of issue; |
| (g) | the condition(s) of the exemption granted |
| 32.8 | The Exemptions Body or Independent Body shall; |
| (a) | retain a copy of the certificate and number each certificate consecutively; |
| (b) | forward a copy of the certificate to the Secretary of the Council; and |
| (c) | forward to the employer a copy of a certificate issued to an employee. |
| 32.9 | An employer to whom a certificate has been issued shall at all times have the certificate available for inspection at his establishment. |