Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryExtension to Non-Parties of the Main Collective AgreementChapter 3: Negotiating Procedures and Dispute Settlement Procedures5. General |
| 5.1 | Functions to be performed by the Council in terms of this Agreement shall be performed by the General Secretary. The General Secretary may delegate any of his functions and responsibilities. |
| 5.2 | Expenses incurred through conciliation and/or arbitration proceedings may be charged in any manner, but at a reasonable rate to be determined by the Council. A commissioner who presides in any conciliation or arbitration proceedings at this Council is hereby empowered to impose any fee, fine or penalty allowed or prescribed either by the Act, the CCMA rules or as such commissioner may reasonably deem fit. |
| 5.3 | The Council shall establish and maintain panels of arbitrators and conciliators to carry out the arbitration and conciliation functions in terms of this Agreement. The Council may at any stage decide to remove a person from a panel for whatever reason it considers appropriate including, but not limited to, incapacity or misconduct. Any other independent accredited conciliator or arbitrator may be used if good cause can be shown. |
| 5.4 | Any notice or service required in terms of this Agreement may be given by telefax, hand delivery, registered post, telegram or telex. |
| 5.5 | The Council may be a party to a dispute which is processed in terms of this Agreement. |
| 5.6 | Expressions and phrases in this Collective Agreement, unless the context otherwise indicates, have the same meaning as those defined in the Labour Relations Act, 1995. |
| 5.7 | Referral of disputes |
All disputes which may be referred to a bargaining council in terms of the Act, and which fall within this Council's registered scope, shall be referred to this Council in accordance with the Act and the rules of the CCMA.
| 5.8 | Lodging of complaints |
All complaints with regard to the non-compliance of this Agreement shall be lodged with this Council. The Council shall investigate all such complaints and may take whatever steps it deems necessary to resolve such complaints. In this regard, without limiting the powers of the Council or the powers of agents/designated agents of the Council, the powers specifically reflected in Sections 33 and 33A of the Act shall be utilised to resolve such complaints in the most amicable way. This may include the conciliation and/or arbitration procedures in terms of the Act and the rules of the CCMA.
| 5.9 | Compliance orders |
Without limiting the powers of the Council, the Council may issue compliance orders, which call upon an establishment, a person or party to act in accordance with or comply in a specific manner and within a specific time period with the provisions of this Collective Agreement.
| 5.10 | Appointment of an independent agency |
In the event of an accredited agency being appointed as contemplated in clause 5.3 above to conciliate or arbitrate any of the disputes of the Council for whatever reason, such disputes shall nevertheless be conducted in accordance with this Agreement.
| 5.11 | Recovery of collection commission |
In the event of the Council appointing attorneys and/or agents in relation to the enforcement and collection of any fees, levies and contributions owing to the Council in terms of this agreement then, over and above any amounts due to the Council, the party liable for such amounts will also be liable for any commissions and other expenses payable by the Council relating to the recovery of such fees, levies and contributions.