Any expression in these Rules that is defined in the Labour Relations Act, 1995 (Act No. 66 of 1995), has the same meaning as in that Act and—

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995), and includes any regulation made in terms of that Act;

"Association"

means any unincorporated body of persons;

"con-arb"

means proceedings held in terms of section 191(5A) of the Act, where an arbitration commences immediately after certifying that the dispute remains unresolved in conciliation;

"Council"

means the Building Industry Bargaining Council registered in terms of section 29 of the Act;

"Council arbitrator"

means an individual appointed by the Council to resolve disputes;

"deliver''

means serve on other parties and file with the Commission;

"mutual interest dispute"

means any dispute concerning a matter of mutual interest; excluding any dispute that a party has the right to refer to arbitration or to the Labour Court under the Act, a collective agreement or an arbitration agreement;

"dispute of right"

means a dispute relating to an entitlement based on an employment contract or practice, a collective agreement, a statute or the common law;

"file"

means to lodge with the Council in terms of rule 6;

"Labour Court"

means the Labour Court established by section 151 of the Act and includes any judge of the Labour Court;

"party"

means any party to proceedings before the Council;

"legal practitioner"

means a practicing advocate or attorney;

"public holiday"

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994). These currently include—

1 January: New Year's Day

21 March: Human Rights Day

Good Friday

Family Day

27 April: Freedom Day

1 May: Worker's Day

16 June: Youth Day

9 August: National Women's Day

24 September: Heritage Day

16 December: Day of Reconciliation

25 December: Christmas Day

26 December: Day of Goodwill,

and any public holiday declared as such in terms of section 2A of the Public Holidays Act, 1994.3

"Rules"

means these rules and includes any footnote to a rule;

"Secretary"

means the secretary of the Council;

"serve"

means to serve in accordance with rule 4 and "service" has a corresponding meaning; and

"taxing officer"

means any competent person appointed by the Secretary in terms of rule 32.

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3 The dates on which Good Friday and Family Day fall varies each year. The Public Holidays Act determines whenever any public holiday falls on a Sunday, the Monday following on it shall be a public holiday.