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

Notices

Bargaining Council for the Building Industry

North and West Boland

Extension of Collective Agreement to non-parties

Annexures

Annexure A: Rules as amended by the CCMA in the Labour Relations Act 66 of 1995 updated on November 2019 shall apply for Building Industry Bargaining Council and as well as any further amendments

Part C: Con-Arb

16. Conduct of con-arb in terms of section 191(5A) of the Act
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(1) The Council must give the parties at least 14 days' written notice that a matter has been scheduled for con-arb in terms of section 191(5A) of the Act.

 

(2) A party that intends to object to a dispute being dealt with in terms of section 191(5A) must serve a written notice on the Council and the other party, at least seven days prior to the scheduled date in terms of sub rule (1).

 

(3) Sub rule (2) does not apply to a dispute concerning—
(a) the dismissal of an employee for any reason related to probation; or
(b) an unfair labour practice relating to probation.

 

(4) If the respondent party fails to appear or to be represented at a hearing schedule in terms of sub rule (1), the Council commissioner must conduct the con-arb on the date specified in the notice issued in terms of sub rule (1) or adjourn the proceeding until a later date.

 

(5) Sub rule (4) applies irrespective of whether or not a party has lodged a notice of objection in terms of sub rule (2).

 

(6) The provisions of the Act and these Rules that are applicable to conciliation and arbitration, respectively apply, with the changes required by the context, to con-arb proceedings.

 

(7) If the arbitration does not commence on the dates specified in terms of the notice referred to in sub rule (1), the Council must schedule the matter for arbitration either in the presence of the parties or by issuing a notice in terms of rule 20.