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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)

Part C: Con-Arb

16. Conduct of con-arb in terms of section 191(5A) of the Act
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(1)The Council must give the parties at least 14 (fourteen) days' written notice that a matter has been scheduled for con-arb.

 

(2)A party that intends to object to a dispute being dealt with in terms of section 191(5A) must serve a written notice on the Council and the other party, at least 7 (seven) days prior to the scheduled date in terms of sub-rule (1).

 

(3)Sub-rule (2) does not apply to a dispute concerning—
(a)the dismissal of an employee for any reason related to probation; or
(b)an unfair labour practice relating to probation.

 

(4)If the respondent party fails to appear or to be represented at a hearing scheduled in terms of sub-rule (1), the Council arbitrator conduct the con-arb on the date specified in the notice issued in terms of sub-rule (1) or adjourn the proceeding until a later date if a notice of objection to con-arb has been filed in terms of sub-rule (2).

 

(5)The provisions of the Act and these Rules that are applicable to conciliation and arbitration, respectively apply. with the changes required by the context, to con-arb proceedings. This includes the rules on representation.

 

(6)If the arbitration does not commence or does not conclude on the dates specified in terms of the notice referred to in sub-rule (1), the Council must schedule the matter for arbitration either in the presence of the parties or by issuing a notice in terms of Rule 20.