| 11.1 | The Council may appoint one or more specified persons and may nominate them for appointment by the Minister as designated agents in terms of section 33(1) of the Act to attempt to resolve a dispute or to investigate an alleged contravention and for purposes of routine inspection to enforce compliance with this Agreement. |
| 11.2 | If there is a dispute about the interpretation or application and enforcement, of any provisions of the Agreement, any party to the dispute may refer the dispute in writing to the Council. |
| 11.3 | The party who refers the dispute, must satisfy the Council that a copy of the referral has been served on all other parties to the dispute. |
| 11.4 | The Council must attempt to resolve the dispute through conciliation in terms of the guidelines as contained in Annexure "C ". |
| 11.5 | The Secretary of the Council may require a designated agent to investigate the dispute. |
| 11.6 | The designated agent may investigate the facts surrounding the dispute and if the designated agent has reason to believe that there has been a contravention of the agreement, the designated agent may endeavour to secure compliance with the agreement through conciliation in terms of the guidelines as contained in Annexure "C ". |
| 11.7 | The designated agent shall submit to the Secretary, a written report on the steps taken to secure compliance and the outcome thereof. |
| 11.8 | Should a party to such dispute, at a date set down for conciliation, object to the designated agent acting as conciliator, the Council may, upon request of any such party to the Secretary of the Council, refer the dispute to conciliation by: |
| 11.8.1 | A conciliator experienced in labour conciliation as mutually agreed upon by the parties to the dispute in terms of the guidelines contained in Annexure "C "; |
| 11.8.2 | The Commission for Conciliation, Mediation and Arbitration; or |
| 11.8.3 | An accredited agency. |
Who shall endeavour to secure compliance with the collective agreement through conciliation in terms of the Conciliation guidelines as contained in Annexure "C".
| 11.9 | If no consensus could be reached between the parties in terms of clause 11.8.1, the dispute must be referred in terms of either clause 11.8.2 or clause 11.8.3. |
| 11.10 | If the dispute referred to under Clause 11.2 and clause 11.9 above, has been certified as unresolved, any party to the dispute may request the Secretary of the Council to refer the dispute to arbitration by: |
| 11.10.1 | An arbitrator experienced in labour arbitration as mutually agreed upon by the parties to the dispute; |
| 11.10.2 | The Council, provided it has been accredited to conduct arbitrations; |
| 11.10.3 | The Commission for Conciliation Mediation and Arbitration; or |
| 11.10.4 | An accredited agency; |
and the issued certificate shall describe the dispute the terms of which shall constitute the terms of reference of the arbitration to be conducted.
| 11.11 | If no consensus could be reached between the parties in terms of clause 11.10.1, the dispute must be referred to either 11.10.2 and failing accreditation, in terms of clause 11.10.3 or clause 11.10.4. |
| 11.12 | If during the course of performing his duties, a designated agent discovers what appears to be a contravention of the agreement, the designated agent shall: |
| 11.12.1 | Investigate the alleged contravention; |
| 11.12.2 | Endeavour to secure compliance with the Agreement through conciliation; |
| 11.12.3 | Submit a report to the Secretary on the investigation, the steps taken to secure compliance, and the outcome thereof and describe the issues in dispute and; |
| 11.12.4 | Certify that the matter is either, resolved or unresolved. |
| 11.13 | Should any party to such alleged contravention, as contemplated under Clause 11.12 above, at a date set down for conciliation, object to the designated agent as conciliator, the Council of such may, upon the request of any party to the Secretary of the Council, refer the alleged contravention to conciliation by: |
| 11.13.1 | A conciliator experienced in labour conciliation as mutually agreed upon between the parties to the dispute; |
| 11.13.2 | The Commission for Conciliation Mediation and Arbitration; or |
| 11.13.3 | An accredited agency, who shall endeavour to secure compliance with the agreement through conciliation, and certify that the matter is either resolved or unresolved. |
| 11.14 | If no consensus could be reached between the parties in terms of clause 11.13.1, the dispute must be referred to either clause 11.13.2 or clause 11.13.3. |
| 11.15 | On receipt of the report, as contemplated under Clause 11.12.3 above, the Secretary may: |
| 11.15.1 | Require a designated agent to conduct further investigations; or |
| 11.15.2 | If further conciliation is indicated, refer the alleged contravention to the Dispute Settling Committee of the Council; or |
| 11.15.3 | Issue a compliance order; or |
| 11.15.4 | Refer the alleged contravention for arbitration by: |
| 11.15.4.1 | An arbitrator experienced in labour arbitrations as mutually agreed upon between the parties; |
| 11.15.4.2 | The Commission for Conciliation Mediation and Arbitration; or |
| 11.15.4.3 | An accredited agency. |
| 11.16 | The description of the dispute set out in the certificate issued in terms of Clause 11.12.4 shall constitute the terms of reference of the arbitration to be conducted. |
| 11.17 | If no consensus could be reached between the parties in terms of 11.15.4.1 the dispute must be referred to either 11.15.4.2 or 11.15.4.3. |
| 11.18 | On receipt of the certificate issued under Clause 11.12.4, the Secretary may: |
| 11.18.1 | Take such steps to give effect to any such agreement reached in the event of the contravention issue having been resolved; or |
| 11.18.2 | Refer the alleged contravention to arbitration by: |
| 11.18.2.1 | An arbitrator experienced in labour arbitrations as mutually agreed upon between the parties; |
| 11.18.2.2 | The Commission for Conciliation Mediation and Arbitration; |
| 11.18.2.3 | An Accredited agency. |
| 11.19 | The description of the dispute set out in the certificate issued in terms of Clause 11.12.4 shall constitute the terms of reference of the arbitration to be conducted. |
| 11.20 | The Secretary may apply to the CCMA to certify the arbitration award in terms of Section 143(3) of the Act or apply to the Labour Court under Section 143(3) of the Act by way of contempt proceedings. |
