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

8. Dispute Resolution procedure for the Interpretation, Application, or Enforcement of Collective Agreements

8.8. General
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(a)The provisions of this Clause stand in addition to any other legal remedy through which the Council may enforce a collective agreement.

 

(b)Functions to be performed by the Council in terms of this section shall be performed by the secretary. The secretary may delegate any of his/her functions and responsibilities as set out in this Procedure.

 

(c)If required by the Act, the Council shall process as an accredited agency any dispute referred in terms of this Procedure by a non-party to the Council, or appoint an accredited agency to conciliate and/or arbitrate that dispute. In the event of an agency being so appointed, the conciliation and/or arbitration shall nevertheless be conducted in accordance with this Procedure.

 

(d)This procedure is concluded by the Council in accordance with section 24(1) of the Act, and disputed over the interpretation, application or enforcement of any collective agreement entered into through the Council shall be processed in terms of this Procedure, unless otherwise agreed by the parties to any such collective agreement.

 

(e)The Council may be a party to a dispute which is processed in terms of this clause.

 

(f)Subject to sub-clause 8.7(p) above, expenses incurred through conciliation and arbitration proceedings may be charged in any manner determined by the Council.

 

(g)Any Court application in relation to this Procedure be it urgent or otherwise, shall be made to the Labour Court.

 

(h)Any notice or service required in terms of this Procedure may be given by hand, fax or registered post.

 

(i)Without on any way detracting from the rights and obligations emanating from this Procedure, it shall be interpreted and applied in a manner that promotes effective dispute resolution.