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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 52

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 52

Page	52 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 39 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

52    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

(3)    The notice contemplated in 28B (2) of this clause shall he  served on the employer not Tess than 14
                      days bcfirc the scheduled arbitration or the application  to have the compliance order made an
                      award.
               (4)    The procedure prescribed in Clauses 28A(8)  to 28A(16) of this Aer'e,uent shall apply to
                      proccedinUS conducted under this clause.
               (5)    In addition, the arbitrator may impose  a tine t•r failure to comply with clause 21. 2IA. 21B. and
                      21 C of this Agreement.
               (6)    Any person upon whom a fine has been imposed in  ternis of this clause. files an application to
                      re% iew and set aside an award in terms of 28B (5). an objection  to pay a fine is suspended pending
                      the outcome of the application.
               (7)    The maximum fines that may he imposed by  an arbitrator acting in terms of this clause shall not
                     exceed the amounts as determined by the Minister from time to time.
                   28C. RII.FS FOR THE CONDUCT OF PRO('F :EDINGS      BEFORE THE BARGAINING
                  COUNCIL. FOR THE FAST FOOD, RESTAI RANT.       CATERING AND ALLIED TRADES

Rules for the conduct of proceedings before the Council  pertaining to the disputes in the Labour Relations
               Act. Act No 66 of 1995 as amended shall he the  same as that of the Commission t•r Conciliation. Mediation
               and Arbitration as amended and, published in the
                                                       Government Gazette read with the changes to the context
               as required. Provided that an reference in the rules to:
                     (a)    "Commission-must he read as a reference to the Council:
                     (h)    "Commissioner" must he read as a reference to  a conciliator or arbitrator appointed by the
                            Council:
                     (e)    "Director-must he read as a reference to the Secretor.  of the Council or any person
                            appointed he the Council to assist and or perf•rm the duties of the Council's Secretair.

29. EXFmI'TIONS
              (I )   (a)    I he Council herche confirms the status of  an Exemptions Committee to consider
                            applications for exemption from any of the provisions of this Agreement.
                     (b)   An   party or non-party may lodge an appeal to the Independent  Appeals Board
                           established hñ the Council in terms of section 32 ofthe  Act - against the decision(s) taken -
                           by the Exemption Committee. or thew ithdrawal of  such. an exemption. Provided that: no
                           representative. ofiicc-hearer, or official of a trade union  or employers' organisation party
                           to the Council may he a member of the Independent Appeal hoard  or participate in the
                           deliberations of the Independent :appeal Board.
              (2)    All applications for exemption or appeals shall he  in wriling (on an application form as provided
                     h% the Council) and shall be addressed  to the Secretary of the Council for consideration by the
                     Exemptions Committee or the Independent Appeal  Board (as the case Wray be) appointed by the
                    Council.
              (3)   All applications for exemption or appeals shall  he fulh motivated and substantiated. and such
                    application or appeal shall include the following details:
                    (a)    the period for which the exemption is required:
                    (h)    the Agreement. clause(s) or sub clause(s) of the  Agreement from which exemption is
                           required:
                    (e)    proof that  the exemption applied for, has been discussed  with the etnpl i.er. the
                           eny)lo.ec(s) und their respective representatives. The  responses resulting from mach
                           consultation( s). either in support of  or against the application, are to he included with the
                           application.

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