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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

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

Part B: Conciliation of Disputes

14. Extension of the conciliation period in terms of Section 135(2A) of the Act and the issuing of a certificate in terms of section 135(5) of the Act

 

(1) The conciliating Council arbitrator or a party to a conciliation process may request an extension of the conciliation period referred to in section 135 of the Act.

 

(2) The request must be made on the prescribed form and before the expiry of the conciliation period as determined in terms of section 135.

 

(3) The Secretary must within 2 (two) days of receipt of the request—
(a) consider whether:
(i) an extension is necessary to ensure a meaningful conciliation process;
(ii) the refusal to agree to the extension is unreasonable; and
(iii) there are reasonable prospects of reaching agreement; and
(b) Advise the parties on whether or not the extension is granted and where the extension is granted, the period of such extension, which may not exceed 5 (five) days.

 

(4) The Secretary may not extend the conciliation period if the State is the employer party.

 

(5) A certificate issued in terms of section 135(5) of the Act stating that the dispute has or has not been resolved, must identify the nature of the dispute as described in the referral document or as identified by the Council arbitrator during the conciliation proceedings.