| (1) | This Rule applies to any— |
| (a) | application for an undertaking to be made an arbitration award in terms of Section 68(3) of the BCEA; and |
| (b) | application for a compliance order to be made an arbitration award in terms of Section 73(1) of the BCEA; |
| (2) | An application must be brought in a prescribed form5 and set out the following information: |
| (a) | the full name and authourity of the applicant; |
| (b) | date on which the written undertaking was secured or compliance order issued; |
| (c) | date on which the employer ought to have complied with the written undertaking or compliance order; |
| (d) | whether the employer failed to fully or partially comply with written undertaking or compliance order; and where the employer partially failed to comply with the written undertaking or compliance order, the relevant provisions which the employer failed to comply with. |
| (3) | The application must be supported by the following documents: |
| (a) | a copy of the undertaking or compliance order; |
| (b) | in the case of a compliance order, proof that the compliance order was served on the employer in accordance with the BCEA; |
| (c) | if applicable, any documents related to securing a written undertaking or issuing a compliance order, including, a complaint or grievance, an inspection report or other notes made during an inspection and any relevant records of the employer; |
| (d) | if the inspector is not the person signing the prescribed form, a Confirmatory Affidavit signed by the inspector; |
| (e) | supporting witness or third party affidavits, where applicable; and |
| (f) | Any other relevant documents. |
| (4) | The application must be signed and commissioned by the applicant and served on all persons who have an interest in the matter, including the employer and the employee. |
| (5) | An employer may, subject to the provisions of the BCEA, object to a written undertaking or compliance order being made an arbitration award by serving and filing an affidavit setting out its grounds for objection in accordance with the provisions of this Rule. |
| (6) | An objection affidavit in terms of sub-rule (5) must be delivered, supported by relevant documents, to the Department of Labour and any affected on which the application was served on the employer. |
| (7) | The party initiating the proceedings may deliver a reply within three (3) days from the day on which any objection is served on it. |
| (8) | The reply must address only issues raised in the objection affidavit contemplated in sub-rule (5) and may not introduce new issues of fact or law. |
| (9) | The Commission must, once a reply is delivered or the time period within which a reply may be delivered has lapsed, whichever occurs first, appoint a commissioner to determine the application by considering the documents filed in terms of this Rule. |
| (10) | Despite sub-rule (9), the commissioner may, if he/she considers it appropriate, request allocation of a hearing date, in which event: |
| (a) | the Commission must notify the parties of the date, time and place of the hearing of the application; |
| (b) | the Applications may be heard on a motion roll. |
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5 BCEA Form 15
