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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section III : Regulation of Agreement

Part K: Monitor and Enforcement

38. Non-Compliance
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38.1.The Secretary may at any time require a designated agent to monitor compliance with the provisions of the agreement.

 

38.2.A dispute about the interpretation, application or enforcement of this agreement may be filed with or referred to the Secretary by any person covered by the scope of this agreement, for resolution in terms of this agreement.

 

38.3.The Secretary may require a designated agent to investigate the dispute where the designated agent shall investigate the facts surrounding the dispute and should the agent have reason to believe that the terms of this collective agreement have been breached; the agent may endeavour to secure compliance with the agreement through consent of the employer involved.

 

38.4. The designated agent shall submit within seven (7) days after consensus has been reached, a written report to the Secretary on the investigation, the steps taken to secure compliance and the agreed outcome at the investigation.

 

38.5.On receipt of the report from the designated agent,the Secretary may—
38.5.1.require the designated agent to make further investigations.
38.5.2.should conciliation be indicated by the designated agent, appoint a conciliator from the Council's panel of conciliators.
38.5.3.refer the dispute for conciliation and appoint a conciliator from the Council's panel of conciliators.
38.5.4.issue a compliance order; or
38.5.5.refer the dispute to arbitration in terms of this agreement.

 

38.6. Should the Secretary appoint a conciliator or refer the dispute as contemplated in subclauses 38.5.2 and 38.5.3 above, the Secretary shall decide the date, time and venue of the conciliation meeting and shall serve notices of these particulars on the parties to the dispute.

 

38.7. Should the Secretary issue a compliance order as contemplated in subclause 38.5.4 above, that order shall be served to the party allegedly in breach of this agreement as set out in clause 40 below.

 

38.8.The Secretary may apply for the compliance order to be made an award by referring it to arbitration: Provided the Employer has not complied with the compliance order and has not filed—
38.8.1.an objection in terms of subclause 40.8 below;or
38.8.2.an appeal against the compliance order in terms of subclause 40.13 below; or
38.8.3.a review against the compliance order in terms of clause 40 below.

 

38.9.The provisions of these enforcement procedures are supplementary to any other legal remedy through which the Council may enforce a collective agreement in terms of section 33A of The Act.