Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Building Industry, Cape of Good Hope Extension of Main Amending Collective Agreement to Non-parties Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules) Arrangement of Rules Part H : General 40. What words mean in these Rules

 

Any expression in these Rules that is defined in the Labour Relations Act, 1995 (Act No, 66 of 1995), has the same meaning as in that Act and—

 

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995), and includes any regulation made in terms of that Act;

 

"con-arb"

means proceedings held in terms of section 191(5A) of the Labour Relations Act,1995 where an arbitration commences immediately after certifying that the dispute remains unresolved in conciliation;

 

"Council"

means the Building Industry Bargaining Council registered in terms of section 29 of the Labour Relations Act, 1995;

 

"Council commissioner"

means an individual appointed by the Council to resolve disputes;

 

"deliver"

means serve on other parties and file with the Commission;

 

"dispute of interest"

means any dispute concerning a matter of mutual interest; excluding any dispute that a party has the right to refer to arbitration or to the Labour Court under the Labour Relations Act, 1995 collective agreement or an arbitration agreement.

 

"dispute of right"

means a legal claim of which a party in the employment relationship is entitled by virtue of the employment contract, a collective agreement, a statute or the common law;

 

"Director"

means the Director of the Commission appointed in terms of section 118 of the Labour Relations Act,  1995 and includes any person delegated by the Director to perform any of the functions of the Director;

 

"file"

means to lodge with the Council in terms of rule 6;

 

"Labour Court"

means the Labour Court established by section 151 of the Labour Relations Act, 1995 and includes any judge of the Labour Court;

 

"party"

means any party to proceedings before the Council;

 

"legal practitioner"

means a practicing advocate, a practicing attorney and a candidate attorney;

 

"public holiday"

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No, 36 of 1994). These currently include—

1 January, New Years Day

21 March, Human Rights Day

Easter Friday and Monday

27 April, Freedom Day

1 May, Worker's Day

16 June, Youth Day

9 August, National Women's Day

24 September, Heritage Day

16 December, Day of Reconciliation

25 December, Christmas Day

26 December, Day of Goodwill

and any public holiday declared as such in terms of section 2A of the Public Holidays Act, 1994.

 

"Rules"

means these rules;

 

"Secretary"

means the secretary of the Council;

 

"serve"

means to serve in accordance with rule 4 and "service" has a corresponding meaning; and

 

"taxing officer"

means any competent person appointed by the Secretary in terms of rule 32.