Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to non-parties of the Main Collective AgreementPart lA - Administrative issuesClause 4 - Exemptions |
| (1) | The Council may grant exemption from any or all the provisions of the Agreement for any good and sufficient reason. |
| (2) | The Council shall fix, in respect of any person granted exemption, the conditions subject to which such exemption is granted and the period during which such exemption shall operate: Provided that the Council may, if it deems fit, after one week's notice in writing has been given to the person concerned, withdraw any license of exemption. |
| (3) | The Council hereby establishes an exemptions body, to consider all applications for exemptions of the Council's Collective Agreements. |
| (4) | The exemption body shall decide on an application for exemption within 30 days of receipt. |
| (5) | Applications for Exemptions shall be in writing on the prescribed form and be fully motivated with relevant supporting documents. |
| (6) | Upon receipt of an 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. |
| (7) | The Secretary of the Council shall issue to every person granted exemption a license signed by the Chairman and Secretary of the Council setting out— |
| (a) | the full name of the person concerned; |
| (b) | the provisions of the Agreement from which exemption is granted; |
| (c) | the conditions fixed in accordance with the provisions of sub-clause (2) subject to which such exemption is granted; |
| (d) | the period for which the exemption shall operate; and |
| (e) | the reason for the exemption being granted. |
| (8) | The Secretary of the Council shall— |
| (a) | number consecutively all licenses issued; |
| (b) | retain a copy of each license issued; and |
| (c) | where exemption is granted to an Employee, forward a copy of the license to the Employer concerned. |
| (9) | 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. The independent body must hear and decide, as soon as possible and not later than 30 days after the appeal is lodged any appeal brought against the bargaining council's refusal of an application for exemption from the provisions of the collective agreement and the withdrawal of such an exemption by the bargaining council. |
| (10) | The notice of appeal must set out the grounds on which the applicant's appeal is based. |
| (11) | 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. |
| (12) | 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; |
| (j) | 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 |
| (13) | 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; |
| (f) | the condition(s) of the exemption granted |
| (14) | 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. |
| (15) | An employer to whom a certificate has been issued shall at all times have the certificate available for inspection at his establishment. |