PRIVATE SECURITY SECTOR: National Bargaining Council for the Private Security Sector: Application for Exemption due to Covid-19

PRIVATE SECURITY SECTOR

NATIONAL BARGAINING COUNCIL FOR THE PRIVATE SECURITY SECTOR

APPLICATION FOR EXEMPTION

DUE TO COVID-19

Dear Private Security Industry employer

The parties to the National Bargaining Council for the Private Security Sector have been granted an exemption from the increase to the security officer premium allowance, as set out in clause 4(4) of the main agreement, for a period of 12 months.

The exemption application was based on an agreement between the parties not to implement the increase in the premium allowance due to the impact of the Covid-19 pandemic on the Industry.

It is a specific condition of the ruling that this exemption must also be available to non-parties. Therefore, employers who are not affiliated to the employers’ organisations which are party to the Council, may apply for the same exemption based on the impact of the Covid-19 pandemic and ruling.

The process that needs to be followed is as follows:

When drafting and submitting the application, a distinction should be made between 3 groups of applicants:

• applicant companies that employ members of the trade unions that are parties to the recently granted exemption;
• applicant companies that employ members of trade unions that are not parties to the recently granted exemption; and
• applicant companies that employ non-unionised employees.

In respect of scenario 1, the applicants can merely refer to the agreement reached during the application for exemption, and submit that the application should be considered, based on an agreement by the trade union(s) in support of the application.

In respect of scenario 2 and 3, the applicants should at least consult with the trade unions, and/or employees regarding the application with the intent to conclude an agreement, and attach the minutes of the consultation to the application. Consent is not a prerequisite but will be an advantage.

It must be noted that an application will only be favourably considered if the applicant(s) are registered with the Council and are in good standing.

It is advisable that, in all 3 scenarios, reference is made to the recent exemption outcome to provide context to the application and to dispense with the financial and further requirements for consistency reasons.

However, the ruling does not preclude any employer to apply for exemption from other provisions of the main agreement as well, based on the individual circumstances of the employer. Additional motivation, such as financial statements, may have to be provided in such an instance.

Please click here to view the ruling.

Employers who require assistance with the exemption application should contact their nearest NEASA regional office.

Regards
Jaco Swart
National Collective Bargaining Coordinator

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