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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

50. Resolution of Disputes

(2) Procedure for Disputes about the Interpretation and/or Application of this Agreement for Council's Constitution
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(a) If a dispute is referred to the Council by any party to Council, or any legal entity or person who falls within the registered scope of Council, it shall attempt to resolve the dispute through conciliation and if the dispute remains unresolved after conciliation, the Council shall appoint an arbitrator from its panel to arbitrate the dispute unless otherwise agreed to between all parties to the dispute. The arbitrator shall be independent of the Council.

 

(b) Any party or legal entity or person wishing to lodge such a dispute shall notify the Council in writing setting out all the details of the dispute. A copy of such notification shall be served on all parties to the dispute in accordance with Rule 5 of the Rules for the Conduct of Proceedings before the CCMA.

 

(c) The Council shall arrange a conciliation meeting of the parties to the dispute within 14 days of the date it received the completed referral.

However, the parties to the dispute may agree to extend the 14-day period.

 

(d) In conciliation proceedings a party to the dispute may appear in person or be represented only by a director or employee of that party and if a close corporation also a member thereof, or any member, office bearer or official of that party's registered trade union or registered employers' organisation.

 

(e)

(i) The Council may appoint a conciliator from its panel to attempt to resolve the dispute.
(ii) Any conciliator appointed in terms of this sub-clause shall have all of the powers conferred to him in terms of section 33A, section 142, section 138 and section 142A of the Act.
(iii) Any conciliator appointed in terms of this clause shall determine a process to attempt to resolve the dispute which may include—
- mediating the dispute, or
- conducting a fact finding exercise, or
- making a recommendation to the parties, which may be an advisory award.

 

(f)

(i) When conciliation has failed, or at the end of the 30 day period or any further period agreed to between the parties, the conciliator must:

issue a certificate stating whether or not the dispute has been resolved and—

(ii) serve a copy of that certificate on each party to the dispute or the person who represented a party in the conciliation proceedings; and
(iii)the original certificate must be filed with the Council

 

(g) If the dispute is not resolved at the conciliation meeting referred to in sub-clause (2) (c) above, it shall be referred to arbitration, unless otherwise agreed to between the parties to the dispute.

The Council shall appoint an arbitrator who is available to commence the arbitration within 21 days from the date the dispute was not resolved at conciliation, unless otherwise agreed to between the parties to the dispute. The powers of the arbitrator shall be the same as in clause 50(1) (d) above read with the changes required by the context

 

(h) In arbitration proceedings, a party to the dispute may appear in person or be represented only by a legal practitioner, a director or employee of that party and if a close corporation also a member thereof or any member, office bearer or official of that party's registered trade union, or registered employers' organisation,

 

(i) The arbitrator shall make a determination within 14 days of the completion of the hearing unless otherwise agreed to between the parties to the dispute.

Any party to the dispute who alleges a defect in the arbitration proceedings may apply to the Labour Court for an order setting aside the arbitration award in terms of section 145 of the LRA.

 

(j) Any party to the dispute may apply to make the arbitration award an order of court in terms of section 143 or section 158(1) of the Act.

 

(k) The arbitrator may on his/her own accord or on the application of any affected party, vary or rescind an arbitration award or ruling in terms of Section 144 of the LRA read with Rule 31 and Rule 32 of the CCMA Rules.