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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

Arrangement of Rules

Part D : Arbitrations

17. How to request arbitration

[Part D does not apply to arbitrations in respect of failure to comply with the provisions of a collective agreement in terms of section 33A(4) of the Labour Relations Act, 1995]

 

(1) A party may request the Council to arbitrate a dispute by delivering a document in the form of Annexure LRA7.13 ("the referral document").

 

(2) The referring party must—
(a) sign the referral document in accordance with rule 3;
(b) attach to the referral document written proof that the referral document was, served on the other parties to the dispute in accordance with rule 5; and
(c) if the referral document is served out of time, attach an application for condonation in accordance with rule 8.

 

(3) The Council must refuse to accept a referral document until sub rule (2) has been complied with.

 

(4) This rule does not apply to con-arb proceedings held in terms of section 191(5A).