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

Chapter 2 : Dispute Resolution

2.3. Mutual interest disputes (commonly known as disputes of interest)

Purchase

2.3.1

Matters of mutual interest that are subject to negotiations are resolved through conciliation and industrial action, subject to clause 2.3.2.

2.3.2

Where the dispute concerns a refusal to bargain, as defined in section 64(2) of the Act, an advisory award must be issued at the conclusion of the conciliation process before notice of industrial action is given.

2.3.3

In order to refer a dispute concerning any matter in clauses 2.3.1 and 2.3.2 to the Council for conciliation, the relevant provisions of the Rules for the Conduct of Dispute Resolution Proceedings, contained in Annexure A, and the guidelines on picketing rules in Annexure B to this agreement, apply with the changes required by the context.

2.3.4

The conciliating commissioner may, in addition to the powers given to a conciliator in the Act, require the parties to appoint a sub-committee elected from the National Negotiating Forum, to meet within a specified number of days for the purposes of attempting to resolve the dispute and/or advise the parties to refer the dispute to advisory or binding arbitration.

2.3.5

Industry disputes shall be processed and dealt with in accordance with this agreement.