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

Chapter Eleven: Compliance, Monitoring and Exemptions

50. Procedure to enforce Compliance with this Agreement
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(1)The Council shall take all reasonable steps necessary to ensure compliance with this Agreement.

 

(2)If,whether through its own investigations or through any other source, it appears as if the provisions of this Agreement have been breached then the following procedure shall apply to enforce compliance:
(a)The Secretary of the Council shall appoint a designated agent to investigate the alleged breach.
(b)If, upon completion of the investigation, the designated agent has reason to believe that this Agreement has been breached,the agent shall issue a compliance order.
(c)The Secretary of the Council may—
(i) impose a fine in terms of clause 54; or
(ii)refer the matter to arbitration in terms of this Agreement if the respondent party does not consent to the compliance order or the fine, in which case the respondent party may be ordered to pay the costs of the process; or
(iii)take such other steps as he may deem reasonable.

 

(3)The Secretary of the Council may apply to make an arbitration award an order of the Labour Court in terms of section 158(1) of the Act.

 

(4)Notwithstanding any the provisions of this Collective Agreement the Council may utilise section 33A of the LRA 1995 (as amended) in conjunction with Annexure "A" (Rules for conciliating and arbitrating disputes in the Building Industry Bargaining Council) to monitor and enforce compliance with its collective agreement and to conciliate and arbitrate LRA, 1995 disputes.