How do Exemptions work?
In terms of the Constitution of Council, an Exemptions Committee is established to consider all applications for exemptions from the Collective Agreement.
Any person subject to the collective agreement may apply for exemption. Applications must include the following:
- The period for which the exemption is required;
- the Agreement and clauses or sub-clauses of the Agreement from which exemption is required; and
- proof that the exemption applied for has been discussed by the employer, his employees, and their respective representatives, and the responses of such consultation, either in support of or against the application.
All applications for exemption must be submitted on the application form below and addressed to the Secretary.
The Council shall decide on an application for exemption within 30 days of receipt, whereafter it will immediately refer the application 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.
In the event of the Council or the Exemptions Body granting, partially granting or refusing to grant an application, the applicant shall be informed of the decision, with reasons, within 14 working days.
Non-parties shall have the right to appeal in writing against the decision to the Independent Body within 14 days from the date of being informed of the outcome. Such an appeal shall be fully reasoned.
The Council has established an Independent Body known as the "Independent Exemption Board" to hear and decide any appeals.