Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Chemical IndustryPetroleum SectorSubstantive Agreement 2025/2028AnnexuresAnnexure B - National Exemptions Committee / Independent Appeals Committee |
ANNEXURE B
COMPOSITION AND ACTIVITIES: NATIONAL EXEMPTIONS COMMITTEE / INDEPENDENT APPEALS COMMITTEE
PURPOSE
| 1. | The purpose of this document is to detail the procedures governing the National Exemptions Committee/Independent Appeals Committee, as established, and governed by Clause 16 of the Council's Constitution, and to ensure that they operate in an orderly and transparent manner. |
COMPOSITION OF THE EXEMPTIONS COMMITTEE / APPEALS COMMITTEE
| 2. | The Council must appoint the members of the National Exemptions Committee/Independent Appeals Committee on such terms and conditions as it deems fit. It will be within the sole discretion of the Council to appoint any number of members to chair applications for each exemption application/appeal. The appointment of a single member is sufficient to constitute a National Exemptions Committee/Independent Appeals Committee. |
| 3. | The National Exemptions Committee/Independent Appeals Committee must co-opt any suitably qualified auditor/accountant to advise it on financial matters. The person so co-opted will not have any decision-making power. |
| 4. | The National Exemptions Committee/Independent Appeal Committee members hold office until either: |
| 4.1 | They resign on three months' notice to the Council, or |
| 4.2 | The Council resolves to terminate their membership of the entity that they serve on. |
| 5. | Members appointed to the Exemptions Committee/Appeals Committee must: |
| 5.1 | Be independent, impartial and perform the functions of the office in good faith, and |
| 5.2 | Recuse themselves from any matter if they have any conflict of interest in either the subject matter of the exemption application or in respect of the parties involved in the dispute. |
| 6. | Should any member of a National Exemptions Committee/Independent Appeals Committee become unable to continue with any process, for whatever reason, any proceedings held up to that stage shall be suspended until it is determined whether or not that member is able to continue with the proceedings or not. If that member is unable to continue, whatever the reason, the proceedings will be adjourned, and a new panel will be constituted. In such a case, the matter will commence afresh in front of the newly constituted panel. With the consent of the newly constituted panel, the parties may agree on how to present the evidence that was presented in the suspended proceedings. |
DECISIONS OF THE EXEMPTIONS COMMITTEE / APPEALS COMMITTEE
| 7. | A decision agreed upon and confirmed in writing by the majority of the National Exemptions Committee/Independent Appeals Committee, where applicable, is a decision of the Committee. |
| 8. | Proceedings of the meetings of the National Exemptions Committee/Independent Appeals Committee shall be recorded and, where necessary, minuted by the Council secretariat. Parties may keep their own recordings. |
| 9. | The Independent Appeals Committee shall have the powers to: |
| 9.1 | Grant a full or partial exemption or reject an application for exemption; and |
| 9.2 | Approve interim orders in circumstances where this will not affect the final outcome. |
MEETINGS OF THE NATIONAL EXEMPTIONS COMMITTEE / INDEPENDENT APPEALS COMMITTEE
| 10. | The Independent Exemptions Committee/Independent Appeals Committee must meet when requested to do so by the Council. |
| 11. | If a meeting of the National Exemptions Committee/Independent Appeals Committee does not finalise an application for exemption or an appeal, as the case may be, the meeting may be rescheduled for continuance at a date and time to be agreed upon by the National Exemptions Committee/Independent Appeals Committee. |
FINDING AND REASONS FOR DECISION
| 12. | Within two weeks of a meeting of the National Exemptions Committee/Independent Appeals Committee where an exemption application/appeal has been considered, the National Exemptions Committee/Independent Appeals Committee must provide the Council with a written decision and brief reasons for the decision. |
| 13. | The Council must circulate the National Exemptions Committee's/Independent Appeals Committee's decision and reasons to all interested parties |