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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties

Dispute Resolution Collective Agreement for the Civil Engineering Industry

Chapter 3 : Enforcement of and compliance with collective agreements

 

3.1 The Council is entitled to monitor, investigate and enforce compliance with its collective agreements in terms of this clause or a collective agreement concluded by the parties to the Council.

 

3.2 A designated agent of the Council must investigate and attempt to resolve a dispute/complaint that comes to his/her attention in the course of performing his/her duties.

 

3.3 A designated agent of the Council is authorised to issue a compliance order, requiring any person bound by the Councils' collective agreements to comply with the collective agreements within the time frame determined by the designated agent.

 

3.4 The Council may refer any unresolved dispute concerning compliance with any provision of a collective agreement to arbitration by completing the prescribed form and serving it on all parties concerned.

 

3.5 The provisions of the Act and the rules in Annexure A to this agreement pertaining to arbitrations apply, with the necessary changes, to arbitrations conducted in terms of this Chapter.

 

3.6 An arbitrator conducting an arbitration in terms of this clause may make any appropriate award, including—
(a) ordering a person to pay any amount owing in terms of a collective agreement;
(b) imposing a fine for a failure to comply with a collective agreement in accordance with Tables One and Two as set out hereunder as Annexure B;
(c) charging a party an arbitration fee;
(d) ordering a party to pay the costs of the arbitration;
(e) confirming, varying or setting aside a compliance order issued by a designated agent; or
(f) any award contemplated in section 138(9) of the Act.

 

3.7 Interest on any amount that a person is obliged to pay in terms of a collective agreement accrues from the date on which the amount was first due and is payable at the rate prescribed in terms of the Prescribed Rate of Interest Act 55 of 1975, unless the arbitration award provides otherwise.

 

3.8 If an employer files an application to review and set aside an arbitration award that was issued in a compliance arbitration, any obligation included in the award to pay a fine is suspended pending the outcome of the review.