Acts Online
GT Shield

Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Re-enactment and Amendment of Main Collective Agreement

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

Part C : Con-arb

16. Conduct of con-arb in terms of section 191 (5A) of the Act

 

(1) The Council must give the parties at least 14 days" written notice that a matter has been scheduled for con-arb in terms of section 191 (5A) of the Act.

 

(2) A party that intends to object to a dispute being dealt with in terms of section 191 (5A) must serve a written notice on the Council and the other party, at least seven days prior to the scheduled date in terms of sub-rule (1).

 

(3) Sub-rule (2) does not apply to a dispute concerning—
(a) the dismissal of an employee for any reason related to probation; or
(b) an unfair labour practice relating to probation.

 

(4) If the respondent party fails to appear or to be represented at a hearing schedule in terms of sub-rule (1), the Council commissioner must conduct the con-arb on the date specified in the notice issued in terms of sub-rule (1) or adjourn the proceeding until a later date.

 

(5) Sub-rule (4) applies irrespective of whether or not a party has lodged a notice of objection in terms of sub-rule (2).

 

(6) The provisions of the Act and these Rules that are applicable to conciliation and arbitration, respectively apply, with the changes required by the context, to con-arb proceedings.

 

(7) If the arbitration does not commence on the dates specified in terms of the notice referred to in sub-rule (1), the Council must schedule the matter for arbitration either in the presence of the parties or by issuing a notice in terms of rule 20.