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 1 3. Definitions and expressions

Purchase

Any expression used in this agreement which is defined in the Basic Conditions of Employment Act, 1997, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context—

"Act"

means the Labour Relations Act of 1995 66 of 1995, as amended and includes any regulation made in terms of that Act.

"Agreement enforcement disputes"

refer to those disputes emanating from the Council's collective agreements.

"Associations"

means any unincorporated body or persons.

"Collective agreement"

includes—

(i)	any collective agreement signed under the auspices of the Council; and

(ii)	the rules of any fund or scheme established by the Council.

"Commission" or "CCMA"

means the Commission for Conciliation, Mediation and Arbitration (CCMA), established in terms of Section 112 of the Act.

"Council"

means the Bargaining Council for the Civil Engineering Industry registered in terms of Section 29 of the Act.

"Code"

means any code of good practice issued in terms of the Act or any other employment law that may be applicable to employers and employees in the civil engineering industry.

"Commissioner"

means an accredited individual appointed by the Council to resolve disputes.

"Designated agent"

means any person appointed as a designated agent in terms of section 33(1) of the Act.

"Dispute"

includes an alleged dispute and means any situation where—

(i)	any dispute in terms of the Labour Relations Act 66 of 1995 which must be referred to the Council.

(ii)	two or more parties are unable to reach agreement on a matter of mutual Interest between them and one or more of those parties advise the Council in writing that they are in dispute; or

(iii)

the Council by way of its designated agents or any other person so appointed by the Council, declare a dispute against an employer and/or employee for failure to comply with the provisions of one or more of the Council's collective agreements. Notification of declaration of dispute shall be contained in a compliance order issued to the employer and/or employee in respect of the identified contraventions; or

"DRC"

shall mean the Council's "Dispute Resolution Centre".

"Employee"

means a person who is defined as an employee in the Act.

"Employer"

means any person, including a temporary employment service (TES) as defined in section 198(1) of the Act, who employs or provides work to another person, other than a volunteer or an independent contractor, and who remunerates or undertakes, expressly or tacitly, to remunerate that person and who permits that other person to assist in any manner in the carrying on or conducting of the business.

"Employment law"

means any employment law as defined in section 213 of the Act.

"Establishment"

is any premises or site wherein or whereon the activities of the Industry or part thereof, as herein defined, is carried on.

"General Secretary"

means the General Secretary of the Council appointed by the annual general meeting of the Council.

"Labour Court"

means the Labour Court established by Section 151 of the Act and includes any judge of the Labour Court.

"Party"

means—

(i)	the Council;

(ii)	any or all of the employers' organisation(s) and/or trade union(s) listed as members of this Council;