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Regulation Gazette No. 42813, 01 November 2019, Vol 653 No. 11000, Page 45
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Gazette
Regulation Gazettes
, No
42813
, from 01 November, 2019
Department
Labour
Notice
Page No. 7 of 14,
Notice No. 1416,
Labour Relations Act, 1995 » Bargaining Council for Civil Engineering Industry (BCCEI) » Extension of Exemptions Collective Agreement to Non-parties
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STAATSKOERANT, 1 NOVEMBER 2019 No. 42813 45 3. Definitions Unless the contrary intention appears, any expression used in this Agreement which is defined in the Labour Relations Act 66 of 1995 ( "the Act "), shall have the same meaning as in the Act and any reference to an Act shall include any amendment to such Act. Any reference to the singular shall include the plural and vice versa and any reference to any gender shall include the other gender and further unless inconsistent with the context: `Affected parties' means the Applicant and any parties opposing the application. `Act' means the Labour Relations Act 66 of 1995. 'BCCEI' means the Bargaining Council for the Civil Engineering Industry. 'CIRBF' means the Construction Industry Retirement Benefit Fund. 'Committee' means the Independent Exemptions Committee. 'IAB' means the Independent Appeal Board. 'Office' means the BCCEI administration. 'Scheduled employee' means an employee whose task grade is reflected in the Wage and Task Grades Collective Agreement. 4. Introduction a) In terms of the Labour Relations Act, the BCCEI established a Committee to deal with applications for exemption from the provisions of the BCCEI's Collective Agreements. b) Applications shall be dealt with within 30 (thirty) calendar days of receipt of the completed application and all supporting documentation. c) Appeals in respect of decisions made with regards to exemption applications must be referred to the IAB for a final decision. d) Applications must be considered on the basis of this Agreement in order to ensure consistency in the granting or refusing of exemption applications. e) Reasons for granting or refusing an application shall be recorded and retained by the Office. These reasons must be supplied to affected parties. The Office will give consideration to motivated requests for such reasons from any other interested parties. f) The Committee and the IAB may at any time, after prior notification and after allowing the affected parties an opportunity to make representations, 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. Nothing precludes the Committee and the IAB from considering any other submissions in its discretion.
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