Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementChapter Eleven: Compliance, Monitoring and Exemptions52. Arbitration procedures to enforce Compliance with this Agreement |
| (1) | If the Secretary to the Council decides to refer the matter for arbitration, he shall appoint an arbitrator to hear and determine the alleged breach of this Agreement. |
| (2) | The Secretary, in consultation with all parties who may have a legal interest in the outcome of the arbitration, shall decide the date, time and venue of the arbitration hearing. |
| (3) | The Secretary of the Council shall serve notice of the date, time and venue of the arbitration on all parties who may have a legal interest in the outcome of the arbitration. |
| (4) | Any party who has a legal interest in the outcome of the arbitration shall have the right to— |
| (a) | give evidence; |
| (b) | call witnesses; |
| (c) | question the witnesses of any other party; |
| (d) | address the concluding arguments to the arbitrator; |
| (e) | be represented by a legal practitioner or co-employee or an office-bearer or official of his trade union or employers' organisation and, if the party is a juristic person, by a director or employee thereof. |
| (5) | Any award made by the arbitrator, together with any reasons, shall be served on all interested parties by the Council. |
| (6) | The Secretary of the Council may apply to make the arbitration award an order of the Labour Court in terms of section 158(1) of the Act. |
| (7) | The provisions of this procedure shall stand in addition to any other legal remedy which the Council may apply to enforce a collective agreement. |