| (1) | If a dispute remains unresolved after conciliation, the Commission must arbitrate the dispute if a party to the dispute would otherwise be entitled to refer the dispute to the Labour Court for adjudication and, instead, all the parties agree in writing to arbitration under the auspices of the Commission. |
[Section 141(1) substituted by section 29(a) of Act No. 12 of 2002]
| (2) | The arbitration proceedings must be conducted in accordance with the provisions of sections 136, 137 and 138, read with the changes required by the context. |
| (3) | The arbitration agreement contemplated in subsection (1) may be terminated only with the written consent of all the parties to that agreement, unless the agreement itself provides otherwise. |
[Section 141(3) substituted by section 29(b) of Act No. 12 of 2002]
| (4) | Any party to the arbitration agreement may apply to the Labour Court at any time to vary or set aside that agreement, which the Court may do on good cause. |
| (a) | If any party to an arbitration agreement commences proceedings in the Labour Court against any other party to that agreement about any matter that the parties agreed to refer to arbitration, any party to those proceedings may ask the Court— |
| (i) | to stay those proceedings and refer the dispute to arbitration; or |
| (ii) | with the consent of the parties and where it is expedient to do so, continue with the proceedings with the Court acting as arbitrator in which case the Court may only make an order corresponding to the award that an arbitrator could have made. |
| (b) | If the Court is satisfied that there is sufficient reason for the dispute to be referred to arbitration in accordance with the arbitration agreement, the Court may stay those proceedings, on any conditions. |
| (6) | If the provisions of subsection (1) apply, the commissioner may make an award that the Labour Court could have made. |
