Unless the context of these Rules indicates otherwise, any expression, word or phrase used in these Rules shall have the same meaning as defined in the Labour Relations Act 66 of 1995 and any reference to an Act shall include all amendments and regulations to such Act and, unless the contrary intention appears, words importing the masculine gender shall include the female gender and, further, unless inconsistent with the context.

"Act"

means the Labour Relations Act 66 of 1995, as amended, and includes all regulations made in terms of that Act and codes or guidelines issued under the Act;

"Association"

means any unincorporated body or persons;

"CCMA" or "Commission"

means the Commission for Conciliation, Mediation and Arbitration, established in terms of section 112 of the Act.

"Collective Agreement"

includes—

"Con-arb"

means proceedings held in terms of section 191(5A) of the Act.

"Council" or the "BCCEI"

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

"Commissioner"

means a person appointed by the Council to preside over and determine dispute in the Council and who has been accredited by the CCMA;

"Deliver"

means to serve a document on other parties and ta file that document with the Council.

"Dispute"

includes an alleged dispute and means any situation where—

"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.

"File"

means to lodge with the Council in accordance with Rule 7 of these Rules.

"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.

"Legal representative"

means a legal practitioner as defined in section 213 of the Act.

"Party"

means any party to proceedings before the Council.

"Proceedings"

means a conciliation hearing, an arbitration hearing, a con-arb hearing, a section 188A inquiry, any hearing that is related to or flows from a conciliation, arbitration or con-arb and any other hearing that is scheduled by the Council in the process of resolving a dispute and includes applications that are considered and determined on the papers.

"Public holiday"

means a public holiday as defined in section 1 of the Public Holidays Act 36 of 1994.

"Rules"

means these Rules and includes headings, annexures and any footnote to a Rule.

"Serve"

means to provide a copy of a document to the other party or parties to the proceedings in accordance with rule 5 and "service" has a corresponding meaning.