Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Chemical IndustryPetroleum SectorSubstantive Agreement 2025/2028AnnexuresAnnexure A - Questionnaire |
QUESTIONNAIRE: ANNEXURE A
PART 1 - COMPANY DETAILS
| 1. | The following is required: |
| (i) | The name of the company applying for exemption ; |
| (ii) | The Industry Sector; |
| (iii) | The address of the Company. Provide all details if more than one establishment/workplace is affected by the exemption application; |
| (iv) | Contact Person (Provide Contact Details); |
| (v) | Name of Employer Organisation (Provide Contact Details). |
PART 2 - LABOUR DETAILS
| (i) | The company's total head count; |
| (ii) | The total number of employees affected by the exemption application. Provide details of employment categories, union affiliation and numbers; |
| (iii) | Names of Trade Unions with affected employees as members. Provide contact names and contact details specifying designation, i.e. trade union official or trade union representative; |
| (iv) | Nominated representatives in respect of non-unionised affected employees. Provide contact names and contact details and the job categories the nominated representatives are representing. |
PART 3 - EXEMPTION DETAILS
| (i) | What is the exemption being applied for? Provide details of all clauses of the collective agreement in question from which exemption is sought. |
| (ii) | Has the Company, in the past 12 months, applied for exemption? If yes, provide details and the outcome. |
| (iii) | Has the Company, in the past 12 months, instituted short time, lay off and/or retrenchment? If yes, provide details, including dates and numbers of employees affected. |
| (iv) | What are the estimated savings to the Company if this application for exemption was granted? Quantify the savings anticipated by the Company. |
| (v) | What is the proposed duration of the exemption if granted? Specify whether the application is for a permanent exemption from a particular requirement of the collective agreement in question or is an application to defer implementation to a later date and, if so, specify the date. |
PART 4 - FINANCIAL INFORMATION
| 2. | A party seeking an exemption must attach the most recent audited financial statements for the financial year prior to the date of the application, together with management accounts (income statements) for at least six months immediately prior to the date of the application. |
In respect of exemption applications in respect of parts of a Group where audited financial statements do not reflect the financial circumstances of the establishment/workplace in question and/or where inter-company trading takes place at a substantial level, additional relevant information should be included.
| 3. | The Council may, at its discretion, call on the party seeking the exemption to provide such other information to the Council where the Council deems such information relevant for purposes of determining the merits of the application. |
PART 5 - MOTIVATION
| 4. | The party seeking an exemption must attach a detailed explanation of the difficulties being faced, including additional financial information where necessary to provide proof of the circumstances that motivated the exemption. Included therein must be an explanation of all alternatives the employer has pursued in making savings prior to this application and documentary evidence, where necessary, of the employer's policy in respect of dividends to shareholders and remuneration in respect of employees not subject to the collective agreement in question. |
PART 6 - CONSULTATION
| 5. | Attach documentary evidence that will prove that all interested parties have been served with a copy of the exemption application together with relevant attachments and that all interested parties have been invited to consult in accordance with the Council's Exemption Procedure. |
A record of such consultation plus its outcomes must be annexed to the application for exemption and must be countersigned by the parties to the consultation for purposes of authenticity.
The refusal of any party to a consultation to countersign such record will not render any application flowing from such consultation improper, nor will it prevent the Council's structures to determine the matter.
| 6. | Specify whether or not the company requests the Council to appoint a Facilitator to assist the parties with the required consultative process. |