Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, BloemfonteinExtension of Collective Agreement to Non-Parties15. Dispute Resolution Procedure |
| (1) | If there is a dispute about the interpretation or application, including enforcement, of any provision of this Agreement, any party to the dispute may refer the dispute in writing to the Council within 30 days from the date on which the dispute came into existence. |
| (2) | The party who refers the dispute shall satisfy the Council that a copy of the referral has been served on all other parties to the dispute. |
| (3) | The Council shall attempt to resolve the dispute through conciliation, using a suitable qualified conciliator. Within 14 days of such referral, the Council shall convey its decision to the disputants, or state that the dispute remains unresolved. |
| (4) | If the dispute remains unresolved after 30 days, or if any party is aggrieved by the Council's decision referred to in subclause (3) above, such party may request the Secretary of the Council to refer the dispute to arbitration by an accredited agency appointed by the Council in terms of section 52 of the Act. |
| (5) | The arbitrator shall have the power to decide upon the procedure which he will follow at the hearing of the arbitration, and shall, in his discretion, be entitled to make an award in respect of the parties' and the Council's costs of the arbitration in terms of section 138(10) of the Act. The arbitrator's decision shall be final and binding on all parties. |