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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 53

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 53

Page	53 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 40 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

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    53

(4)    Hie Secretary of the Council shall provide the xccuti., Committee. Exemptions Committee or
                                                             I
                     the Independent Appeal Board (as the case ma. he 'v ith the details of all the applications for
                     exemption.
               (5)    The Exemptions Committee or the Independent Appeals Board (as the case may be) shall consider
                     and decide on all written applications no later than thirty (30) days from the date the Council
                     received the application or appeal. and. if deemed expedient request the applicant(s) or ohjector(s)
                     to attend the meeting at which the application or appeal is considered, to facilitate the deliberations.
               (6)   Once the rxemptions Committee or the Independent Appeals Board has decided to grant an
                     exemption. it shall issue a certificate and advise the applicant(s) within I.1 days of the date of its
                     decision.
               (7)   When the f xemptions Committee or the Independent Appeals l3oard has decided against granting
                     an exemption requested. it shall advise the applicants)  ithin 1,1 days of the date of such decision
                     and shall provide the reason(s) for not granting an exemption.
              (8)    lxemption Criteria: The Exemptions Committee and the Independent Appeals Board shall
                     consider all applicants for exemption with reference to the lollowing criteria:
                     (a)    the written and verbal substantiation provided by the applicant:
                     (b)    the extent of consultation w ith and the petition for or against granting the exemption as
                            provided by employers or employees who are to he affected by the exemption if granted:
                     (e)    the scope of the exemption required:
                     (dl    the infringement of basic conditions of employment rights:
                     (e)    the fact that a competitive advantage is not created h.v the exemption:
                     ( f)   the y ie'%jug of the exemption from any emploee benefit fund or training provision in
                            relation to the alternative comparable bona title benefit or provision. including the cost of
                            the employee. transferability. administration management and cost. growth and stability:
                     Ig)    the extent to whieh the proposed exemption undermines collective bargaining tair
                            competition and labour peace in the Fast Food. Restaurant. Catering and Allied Trades.
                     (h)    any existing special economic or other circumstances which warrant the granting. of the
                            exemption:
                            (i) cognisance of' the recommendation contained in the Report uj the Pre.%idenlial
                            C'onnni.s.cion to investigate Labour Alarke'l follet.
              (9)    Non-party applications for exemption or appeals against the decision of the Exemption Committee
                     must be dealt with. within thirty (30) days from the date the Council received the application or
                     appeal as the case may be.

30. ULTRA VIRES

Should any provisions of this Agreement he declared ultra tires by  any competent Court of law. the
              remaining provisions shall he regarded to he the Collectixe Agreement and shall remain in operation for
              the duration of this Agreement.

31. INQUIRY BY AN ARBITRATOR

(1)    An employer party to the Council may. in terms of this Collective Agreement.  request the Council
                     to appoint an arbitrator to conduct an inquire into allegations about  an employee's conduct or
                     capacity: l'ro\ ided that the employee has been ads ised of the allegations regarding. his /her conduct
                     or capacity.
              (2)    The request must be in the C ouncil's prescribed form.
              (3)    Within 3 days of receiving a request in terms of sub clause (I ) and a copy of the notice advising
                     the employee of the allegations referred to in sub-clause ( ). the Council must appoint an arbitrator
                                                                    I
                     and nnttst notify the parties to the inquire of%%hen and where the inquiry will he held.
              (4)    Unless the parties agree other ise the Council must give the parties at least seven days' notice
                     prior to the commencement date of the inquiry .

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