Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter III : Collective BargainingPart B : Collective Agreements24. Disputes about collective agreements |
| (1) | Every collective agreement excluding an agency shop agreement concluded in terms of section 25 or a closed shop agreement concluded in terms of section 26 or a settlement agreement contemplated in either section 142A or 158(1)(c), must provide for a procedure to resolve any dispute about the interpretation or application of the collective agreement. The procedure must first require the parties to attempt to resolve the dispute through conciliation and, if the dispute remains unresolved, to resolve it through arbitration. |
[Section 24(1) substituted by section 2(a) of Act No. 12 of 2002]
| (2) | If there is a dispute about the interpretation or application of a collective agreement, any party to the dispute may refer the dispute in writing to the Commission if: |
| (a) | the collective agreement does not provide for a procedure as required by subsection (1); |
| (b) | the procedure provided for in the collective agreement is not operative; or |
| (c) | any party to the collective agreement has frustrated the resolution of the dispute in terms of the collective agreement. |
| (3) | The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute. |
| (4) | The Commission must attempt to resolve the dispute through conciliation. |
| (5) | If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration5. |
| (6) | If there is a dispute about the interpretation or application of an agency shop agreement concluded in terms of section 25 or a closed shop agreement concluded in terms of section 26, any party to the dispute may refer the dispute in writing to the Commission, and subsections (3) to (5) will apply to that dispute6. |
| (7) | Any person bound by an arbitration award about the interpretation or application of section 25(3)(c) and (d) or section 26(3)(d) may appeal against that award to the Labour Court. |
| (8) | If there is a dispute about the interpretation or application of a settlement agreement contemplated in either section 142A or 158(1)(c), a party may refer the dispute to a council or the Commission and subsections (3) to (5), with the necessary changes, apply to that dispute. |
[Section 23(8) inserted by section 2(b) of Act No. 12 of 2002]
5 See flow diagram No. 3 in Schedule 4.
6 See flow diagram No. 4 in Schedule 4.