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

Notices

Bargaining Council for the Furniture Manufacturing Industry

Extension to Non-Parties of the Main Collective Agreement

Chapter 3: Negotiating Procedures and Dispute Settlement Procedures

2. Procedure for the negotiation of collective agreements

 

2.1 Any party of the Bargaining Council may introduce proposals for the conclusion or amendment of a collective agreement in the Bargaining Council.

 

2.2 The proposals must be submitted at least 2 months prior to the effective date of the amendments concerned. The proposals must be submitted to the General Secretary in writing and must identify the other parties to the proposed agreement.

 

2.3 Within seven days of submission of the proposals, the General Secretary must serve copies of the proposals on the other parties to the council.

 

2.4 Within 21 days of submission of the proposals or at any other time that all the parties agree to, the General Secretary must call a special meeting of the executive committee to consider the proposals and to decide on a process for negotiating the proposals, including—
2.4.1 the introduction of counter-proposals;
2.4.2 whether the negotiations should be concluded by the Bargaining Council, the executive committee or any other committee  appointed by the Bargaining Council;
2.4.3 the possible appointment of a mediator to facilitate the negotiations; and
2.4.4 the timetable for the negotiations.

 

2.5 If no negotiation process is agreed upon—
2.5.1 the General Secretary must appoint a mediator to facilitate negotiations if it was so agreed upon and to conclude a collective agreement;
2.5.2 the Bargaining Council must meet at least twice within 30 days of the meeting to negotiate on the proposals and any counter proposals, unless a collective agreement has been concluded;
2.5.3 the mediator must facilitate the negotiations at those meetings and facilitate the negotiations for the conclusion of  a collective agreement, unless otherwise agreed to by the parties.

 

2.6 If no collective agreement is concluded in the course of this process or the procedure contemplated in this clause—
2.6.1 any of the parties or both the parties to the Bargaining Council may—
2.6.1.1 refer a dispute to arbitration as contemplated in clause 3 of this Chapter; or
2.6.1.2 resort to a strike or a lock-out that conforms with the provisions of the Act; or
2.6.2 any party to the dispute whose members are engaged in essential services may request that the dispute in respect of the employers and the employees engaged in those services be resolved through arbitration as contemplated in clause 3 of this Chapter.

 

2.7 In the circumstances contemplated in subclause 2.6.1.1, the General Secretary must appoint any independent arbitrator, including any panellist, to arbitrate the dispute.

 

2.8 If the parties to. a dispute disagree on an arbitrator for their dispute, the General Secretary shall appoint any other arbitrator to arbitrate the dispute referred to the General Secretary in terms of this Council's Collective Agreement.

 

2.9 During a strike or lock-out as contemplated in subclause 2.6.1.2, the parties to the dispute must attend every  meeting convened  by a conciliator, mediator and/or arbitrator to resolve the dispute.

 

2.10 If any party to the dispute fails to attend without any good cause shown, the members of that party—
2.10.1 if they participate in a strike, will forfeit the protection they would have enjoyed in terms of the Act;
2.10.2 if they are engaged in a lock-out, will forfeit the protection they would have enjoyed in terms of the Act.