Acts Online
GT Shield

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

Chapter III : Collective Bargaining

Part C : Bargaining Councils

33A. Enforcement of collective agreements by bargaining council

 

 

(1) Despite any other provision in this Act, a bargaining council may monitor and enforce compliance with its collective agreements in terms of this section or a collective agreement concluded by the parties to the council.

 

(2) For the purposes of this section, a collective agreement is deemed to include—
(a) any basic condition of employment which in terms of section 49(1) of the Basic Conditions of Employment Act constitutes a term of employment of any employee covered by the collective agreement; and
(b) the rules of any fund or scheme established by the bargaining council.

 

(3) A collective agreement in terms of this section may authorise a designated agent appointed in terms of section 33 to issue a compliance order requiring any person bound by that collective agreement to comply with the collective agreement within a specified period.

 

(4)
(a) The council may refer any unresolved dispute concerning compliance with any provision of a collective agreement to arbitration by an arbitrator appointed by the council.
(b) If a party to an arbitration in terms of this section, that is not a party to the council, objects to the appointment of an arbitrator in terms of paragraph (a), the Commission, on request by the council, must appoint an arbitrator.
(c) If an arbitrator is appointed in terms of subparagraph (b)—
(i) the Council remains liable for the payment of the arbitrator's fee; and
(ii) the arbitration is not conducted under the auspices of the Commission.

 

(5) An arbitrator conducting an arbitration in terms of this section has the powers of a commissioner in terms of section 142, read with the changes required by the context.

 

(6) Section 138, read with the changes required by the context, applies to any arbitration conducted in terms of this section.

 

(7) An arbitrator acting in terms of this section may determine any dispute concerning the interpretation or application of a collective agreement.

 

(8) An arbitrator conducting an arbitration in terms of this section may make an appropriate award, including—
(a) ordering any 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 subsection (13);
(c) charging a party an arbitration fee;
(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 in accordance with subsection (4);
(f) any award contemplated in section 138(9).

 

(9) 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 due and payable at the rate prescribed in terms of section 1 of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), unless the arbitration award provides otherwise.

 

(10) An award in an arbitration conducted in terms of this section is final and binding and may be enforced in terms of section 143.

 

(11) Any reference in section 138 or 142 to the director must be read as a reference to the secretary of the bargaining council.

 

(12) If an employer upon whom a fine has been imposed in terms of this section files an application to review and set aside an award made in terms of subsection (8), any obligation to pay a fine is suspended pending the outcome of the application.

 

(13)
(a) The Minister may, after consulting NEDLAC, publish in the Government Gazette a notice that sets out the maximum fines that may be imposed by an arbitrator acting in terms of this section.
(b) A notice in terms of paragraph (a) may specify the maximum fine that may be imposed—
(i) for a breach of a collective agreement—
(aa) not involving a failure to pay any amount of money;
(bb) involving a failure to pay any amount of money; and
(ii) for repeated breaches of the collective agreement contemplated in subparagraph (i).