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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexures

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Four : Arbitrations

17. Referring a dispute to the Council for arbitration

 

(1) A party who wants to refer an unresolved dispute to the Council for arbitration must deliver a completed LRA Form 7.13 by filing the form with the Council (in terms of Rule 7) and serving a copy thereof on the other party or parties (in terms of Rule 5).

 

(2) When delivering an LRA Form 7.13, the referring party must—
(a) ensure that LRA Form 7.13 has been fully completed by filling in all spaces and that all attachments have been annexed to LRA Form 7.13, including a list of all the referring parties if there are more than one;
(b) that LRA Form 7.13 and all attachments have been signed in accordance with Rule 4;
(c) when filing the referral document with the Council, attach to it written proof that a copy of LRA Form 7.13 and all attachments were served on the other party or parties to the dispute in accordance with Rule 6; and
(d) where LRA Form 7.13 is filed out of time, attach an application for condonation which must be done in accordance with Rule 24 and 35.

 

(3) The Council must accept an LRA Form 7.13 even if sub-rule (2) has not been complied with, but may refuse to process the referral until the requirements in sub-rule (2) have been complied with.

 

(4) This Rule does not apply to con-arb proceedings held in terms of section 191(5A).