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

Notices

Bargaining Council for the Metal and Engineering Industries

Dispute Resolution Agreement

Extension of the Dispute Resolution Collective Agreement to Non-parties

3. Definitions

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Unless the context or this agreements indicates any expressions, words or phrases used in this Agreement shall have the same meaning as those defined in the Labour Relations Act No. 66 of 1995, and any reference to an act shall include any amendments to such Act, further—

 

"Act"

means the Labour Relations Act of 1995; (Act 66 of 1995) as amended, and includes any regulation made in terms of that Act.

 

"Commission"
means the Commission for Conciliation, Mediation and Arbitration.

 

"Council"

means the Metal and Engineering Industries Bargaining Council, registered in terms of section 29 of the Act;

 

"Council Commissioner"

means an individual appointed by the Council to resolve disputes.

 

"Dispute"

includes an alleged dispute and means any situation where—

(1)two or more parties are unable to reach agreement on a matter of mutual interest between them, and one or more of those parties advise the Council in writing that they are in dispute; OR
(2)the Council by way of its agents or any other person so appointed by the Council in terms of the Act, declares a dispute against an employer and/or employee for failure to comply with the provisions of one or more of the Council's Agreements. Notification of declaration of dispute against an employer and/or employee in respect of the identified contraventions shall be in terms of this agreement; OR
(3)A dispute in terms of the Act (Act 66 of 1995) as amended.

 

"Employee"

as defined in section 213 of the Act;

 

"Establishment"

means any premises wherein or whereon the Industry, or part thereof, as herein defined, is carried on;

 

"The Rules"

means the Rules for the Conduct of Proceedings before the CCMA as published by the Commission in terms of section 115(6) of the Act.