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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

4. All other disputes

 

4.1 All other disputes excluding the disputes referred to in clauses 2 and 3 above, must be referred to this Bargaining Council and shall be subjected to conciliation and/or arbitration and shall be dealt with in terms of the Act and the prevailing rules of the CCMA, on condition that such disputes fall within the scope of this Bargaining Council. Such disputes shall be dealt with as follows:
4.1.1 The party or parties who claim that a dispute exists must refer the dispute in writing to the Bargaining Council in accordance with the provisions of the Act and the rules of the CCMA.
4.1.2 The party referring the dispute must complete the referral on the prescribed referral form of the Bargaining Council.

 

4.2 The referral must reach the Bargaining Council together with proof from the party or parties who refer the dispute satisfying the Bargaining Council that a copy of the referral has been served on all other parties to the dispute.

 

4.3 The General Secretary or any delegated official shall refer the dispute to a member of the Council's panel of conciliators and/or arbitrators after receiving the written referral and proof that a copy of the referral has been served on all other parties to the dispute.

 

4.4 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act and the rules of the CCMA and must attempt to hand down either a settlement in the case of a conciliation or a ruling in the case of an arbitration.

 

4.5 A Council panelist may be appointed to both the conciliation and arbitration panels and a panelist shall be eligible for reappointment if the Council so wish, unless he or she has indicated otherwise in writing to the General Secretary,

 

4.6 A fund shall be established by the Bargaining Council to meet the expenses incurred during this dispute resolution process.

 

4.7 The fund referred to above may be funded by—
4.7.1 Regularly applying for subsidies to the governing body of the CCMA as prescribed;
4.7.2 the Council charging fees for performing any of these functions for which it is accredited and which functions it is allowed to perform in terms of the Act;
4.7.3 instituting a dispute resolution levy which will be payable by the employers and employees in the Industry.

 

4.8 All expenses incurred through the dispute resolution process shall be paid by the fund referred to in clause 4.6.

 

4.9 The provisions of clause 4 of Chapter 2 of this Agreement regarding financial control of funds shall apply to this fund.