NATIONAL BARGAINING COUNCIL FOR THE CHEMICAL INDUSTRY
RESOLUTION No. 2 OF 2006.
COLLECTIVE AGREEMENT TO EFFECT AMENDMENTS TO THE CONSTITUTION ON:
CLAUSES 6(3) (e) & CLAUSES 16 (2)(a), APPOINTMENT OF THE NATIONAL EXEMPTIONS COMMITTEE
The employer and employee parties agree on the terms set out below:
OBJECTIVES
- To consider the appropriate number of persons to be appointed as the National Exemptions Committee ,
- To consider the appropriate forum to appoint members of the National Exemptions Committee outside the annual general meeting.
1.PARTIES TO THE COUNCIL NOTED THE FOLLOWING: -
1.1Clause 6 (3) (e) of the Council’s constitution provides that at the annual general meeting, the Council must appoint the members of the exemptions committee established in terms of Clause 16 (1) to consider and dispose of applications for exemption from the provisions of any collective agreement that may be concluded in the Council;
1.2 Clause 16 (2) provides that:-
(a)The National Exemptions Committee must consist of as many persons as the Council considers appropriate and the Council must appoint these persons by consensus.
(b)Members of the National Exemptions Committee may not be-
(i)Employers or employees within the registered scope of the Council; or
(ii)Office bearers or officials of the parties to the Council.
1.3 Clause (3) provides that: - The Council must-
(a)Designate persons from amongst the members of the National Exemptions Committee who will serve as the Committee's chairperson and deputy-chairperson;
(b)Provide the National Exemptions Committee with the administrative support necessary to enable it to perform its functions; and
(c)Determine the terms and conditions of appointment of members of the National Exemptions Committee.
1.4Clause (4)provides that all applications for exemption must be made to the Council for consideration by the National Exemptions Committee by submitting an application in writing setting out all relevant information including -
(a)the provisions of the agreement in respect of which exemption is sought;
(b)the persons in respect of whom the exemption is sought; and
(c)the reasons why the exemption is sought.
1.5Clause (5) provides that the National Exemptions Committee must determine its own procedures for considering applications for exemption and conducting its business except that its functions may not be delegated.
1.6Clause (6) provides that theprocedures contemplated in sub-clause (5) must include a procedure for –
(a)ensuring that all applications for exemption are preceded by consultations between employers and employees at which–
(i) The merits and terms of the exemptions have been considered; and
(ii) There has been full disclosure to each other on all information
relevant to the consideration of the exemption; and
(b)informing the parties to the application and the Council of its decisions and the reasons therefore.
1.7Clause (7) provides that when considering an application for exemption, the National Exemptions Committee must have regard to the following-
(a)whether a refusal to grant an exemption will result in undue financial hardship to the company making the application;
(b)the nature and size of the business in respect of which the application is made;
(c)any representations made by the employees likely to be affected by the application;
(d)the circumstances prevailing in the chemical industry as a whole or the sectors likely to be affected by the application; and
(e)whether the granting of the exemption will prejudice the objectives of the Council.
1.8 Clause (8) provides that the decision of the National Exemptions Committee will
be final and binding.[1]
- Therefore parties to the Council hereby unanimously agree to the following amendments to the constitution of the Council: -
Amend the following clauses to read: -
“ denotes insertion
[ ] denotes deletion”
Clause (6) (3), (e)
(a)[At the annual general meeting, the Council must appoint the members of the exemptions committee established in terms of Clause 16 (1) to consider and dispose of applications for exemption from the provisions of any collective agreement that may be concluded in the Council]; and
Clause (7) (3) (h)
(b) “The Executive Committee must appoint the members of the exemptions committee established in terms of Clause 16 (1) to consider and dispose of applications for exemption from the provisions of any collective agreement that may be concluded in the Council”,
Clause (16) (2), (a)
(c)Whereas the National Exemptions Committee must consist of as many persons
as the Council considers appropriate and the Council must appoint these
persons by consensus.; therefore
(d)“The Council will have the National Exemptions Committee consisting of ordinary members elected by employee representatives and employer representatives respectively”, and
(e) “An alternate may be appointed in respect of each ordinary member”.
3. Scope
This resolution binds: -
(i)All employer’s organisations who are party to the National Bargaining Council for the Chemical Industry and their members;
(ii)All trade union parties to the Council and their members who are employees of the above employers.
(iii)The employees of any employer referred to in (i) above with respect to their work within any activity falling within the registered scope of the Council.
4. Implementation of Resolution
This amendment shall come into effect once the amendments are certified by the Registrar in terms of section 57(3) of the Labour Relations Act, 1995.
5. Dispute Resolution
If there is a dispute about the interpretation or application of this resolution any party may refer the matter to the Council for resolution in terms of the dispute resolution procedure of the Council.
THIS DONE AND SIGNED AT ______
ON THIS ______DAY OF ______2006.
ON BEHALF OF THE EMPLOYERS’ ORGANIZATIONS PARTY
ORGANISATION /NAME
/SIGNATURE
Surface Coatings Industry Employers’ AssociationNational Fast Moving Consumer Goods Employers’ Association