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-partiesChapter 3 : Enforcement of and compliance with collective agreements |
| 3.1 | The Council is entitled to monitor, investigate and enforce compliance with its collective agreements in terms of this clause or a collective agreement concluded by the parties to the Council. |
| 3.2 | A designated agent of the Council must investigate and attempt to resolve a dispute/complaint that comes to his/her attention in the course of performing his/her duties. |
| 3.3 | A designated agent of the Council is authorised to issue a compliance order where he or she believes, after an investigation, that any person bound by the Council's agreements has not complied with any provision of any of the Council's agreements and the compliance order must require that person to comply with the collective agreement(s) within the time frame determined by the designated agent. |
| 3.4 | The Council may refer any unresolved dispute concerning compliance with any provision of a collective agreement to arbitration by completing the prescribed form and serving it on all parties concerned. |
| 3.5 | The provisions of the Act and the rules in Annexure A to this agreement pertaining to arbitrations apply, with the necessary changes, to arbitrations conducted in terms of this Chapter. |
| 3.6 | An arbitrator conducting an arbitration in terms of this clause may make any appropriate award, including— |
| (a) | ordering a person to pay any amount owing in terms of a collective agreement; |
| (b) | imposing a fine for a failure to comply with a collective agreement in accordance with Tables One and Two as set out hereunder as Annexure D; |
| (c) | charging a party an arbitration fee of R1 000-00 per day or any part of a day only in the event that an employer is found guilty of non-compliance with an agreement or in the event that the employer settled the non-compliance issue(s) after having received the notice of an arbitration hearing; |
| (d) | ordering a party to pay the costs of the arbitration; |
| (e) | confirming, varying or setting aside a compliance order issued by a designated agent; or |
| (f) | any award contemplated in section 138(9) of the Act. |
| 3.7 | Interest on any amount that a person is obliged to pay in terms of a collective agreement accrues from the date on which the amount was first due and is payable at the rate prescribed in terms of the Prescribed Rate of Interest Act 55 of 1975, unless the arbitration award provides otherwise. |
| 3.8 | If an employer files an application to review and set aside an arbitration award that was issued in a compliance arbitration, any obligation included in the award to pay a fine is suspended pending the outcome of the review. |