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Regulation Gazette No. 42813, 01 November 2019, Vol 653 No. 11000, Page 46

20191101 - Regulation Gazette No 42813 of 01-November-2019, Volume 653 No 11000, page 46

Page	46 of 68
Gazette	Regulation Gazettes, No 42813, from 01 November, 2019
Department	Labour
Notice	Page No. 8 of 14, Notice No. 1416, Labour Relations Act, 1995 » Bargaining Council for Civil Engineering Industry (BCCEI) » Extension of Exemptions Collective Agreement to Non-parties

46    No. 42813             GOVERNMENT GAZETTE, 1 NOVEMBER 2019

g)    Time limits.

i. An application for exemption from an existing provision of a Collective Agreement must
                      be lodged with the BCCEI not less 3 (three) months prior to the date of intended
                      implementation of the requested exemption.
                   ii. An exemption application relating to the payment of the Year-End Bonus, must reach
                     the BCCEI by no later than 15 September of the year in question.
                  iii. An application for exemption from any newly published clause of a Collective
                     Agreement (e.g. wage increases) must be lodged with the BCCEI within 30 (thirty)
                     calendar days of the date of publication of the new clause.
                  iv. The Committee and IAB may however, on detailed and good cause shown by the
                     Applicant, condone a late application for exemption.

5.    Exem tions - Fundamental Princi les

These fundamental principles are supplemented by the requirements set out below for
                 specific types of applications.
                 The BCCEI hereby establishes a Committee, constituted of persons independent of the
                  BCCEI, to consider all applications for exemption from the provisions of the BCCEI
                 Collective Agreements.
                 The BCCEI further establishes an IAB in terms of section 32 (3)(e) of the Act to consider
                 and decide any appeal from a decision of the Committee.
                 The following fundamental principles are to be observed in considering and deciding
                 upon, an application for exemption:

a)   Retros ective a   lications - Applications for exemption must, in principle, not be granted
                 retrospectively prior to the date of the application.
            b)   An urgent application may be faxed, e-mailed or hand delivered to the Office. Such an
                 application must contain an explanation as to why the application is made as a matter of
                 urgency. If satisfied that the application is urgent, the Committee or IAB must (i) consider
                 the application; (ii) make a decision; (iii) communicate the decision to the affected parties.
            c)   Prescribed forms: All applications must be in writing on the prescribed application forms
                 (obtainable from the Office or the BCCEI website) which, together with supporting
                 documentation, must be sent to the BCCEI for consideration.
            d)   The Committee and IAB shall take into consideration all relevant factors, which may
                 include, but shall not be limited to the following criteria:

i. The applicant's past record (if applicable) of compliance with the provisions of the
                     BCCEI Collective Agreements.
                  ii. Previous exemptions granted;
                  iii. Any special circumstances that exist;
                  iv. The interest of the industry as regards:
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