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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section lll : Regulation of Agreement

Part L : Legal Proceedings

41. Arbitration

Purchase

41.1.

In addition to the regulations in respect of the monitoring and enforcement of this agreement the Council shall be bound by the process prescribed in section 33A (4) to (11) of The Act read with the necessary changes within the context of review of an arbitration award regarding a compliance order.

41.2.

The Arbitrator may decide to consolidate arbitration proceedings where:

41.2.1.

a dispute concerning the contravention of this agreement may be instituted as contemplated in clause 38 above, jointly with proceedings instituted by an employee in terms of clause 34 above;

41.2.2.

a dispute concerning the contravention of this agreement may be instituted as contemplated in clause 38 above jointly with proceedings instituted by an employee over the entitlement to severance pay in terms of clause 32 above;

41.2.3.

an dispute concerning the contravention of section 191 of The Act may be instituted jointly with proceedings instituted by an employee for an amount owing to the employee in terms of this agreement: Provided the amount had not been owing by the employer to the employee for longer than twelve (12) months prior to the dismissal or unfair labour practice and no compliance order has been made and no legal proceedings have been instituted to recover the amount.

41.3.

The Council shall apply the same rules as that of the Commission for Conciliation Mediation and Arbitration in any dispute arbitrated under its jurisdiction.

41.4.

The Council shall charge a fee for performing the function of arbitration where the parties fail to submit a written pre-arbitration conference for disputes referred to the Council for arbitration in terms of section 128 of The Act.

41.5.

The Council may still charge a fee for performing the function of arbitration where the parties submit a written pre-arbitration conference that is not to the satisfaction of the Secretary for disputes referred to the Council for arbitration in terms of section 128 of The Act.

41.6.

An employer may apply to the Labour Court for the review of the arbitration award in terms section 145 of The Act within twenty-one (21) days of receipt of the arbitration award. However, if an employer shows good cause at any time, the Labour Court may permit an employer to apply for review after the period of twenty one (21) days has expired.

41.7.

In addition to the regulations in respect of review applications The Labour Court shall be bound by the process prescribed in sections 77 and 77 A of the Basic Conditions of Employment Act of 1997 as amended read with the necessary changes within the context of review of an arbitration award regarding a compliance order.

41.8.

Any compliance order is suspended pending—

41.8.1.

the confirmation or modification of the objection by the appointed Executive member in terms of subclause 40.9 above;

41.8.2.

the determination of the appeal by the arbitrator in terms of subclause 40.14 above; and/or

41.8.3.

the final review of the arbitration award by the Labour Court in terms of subclause 41.6 above.