Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Dispute Resolution Collective AgreementExtension of Dispute Resolution Collective Agreement to Non-partiesAnnexuresAnnexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)Chapter Four : Arbitrations17. Referring a dispute to the Council for arbitration |
| (1) | A party who wants to refer an unresolved dispute to the Council for arbitration must deliver a completed LRA Form 7.13 by filing the form with the Council (in terms of Rule 7) and serving a copy thereof on the other party or parties (in terms of Rule 5). |
| (2) | When delivering an LRA Form 7.13, the referring party must— |
| (a) | ensure that LRA Form 7.13 has been fully completed by filling in all spaces and that all attachments have been annexed to LRA Form 7.13, including a list of all the referring parties if there are more than one; |
| (b) | that LRA Form 7.13 and all attachments have been signed in accordance with Rule 4; |
| (c) | when filing the referral document with the Council, attach to it written proof that a copy of LRA Form 7.13 and all attachments were served on the other party or parties to the dispute in accordance with Rule 6; and |
| (d) | where LRA Form 7.13 is filed out of time, attach an application for condonation which must be done in accordance with Rule 24 and 35. |
| (3) | The Council must accept an LRA Form 7.13 even if sub-rule (2) has not been complied with, but may refuse to process the referral until the requirements in sub-rule (2) have been complied with. |
| (4) | This Rule does not apply to con-arb proceedings held in terms of section 191(5A). |