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

Notices

Motor Industry Bargaining Council  (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 8 : Enforcement

8.3 Resolution of Disputes

 

 

(1) For the purpose of this Agreement, “dispute” means any dispute about the application, interpretation or enforcement of this Agreement, or any other collective Agreements entered into by the parties to the Council.

 

(2) Any such dispute shall be referred to the Council on the form specified by the Council. This provision shall not apply when the Council makes use of the procedure set out in sub-paragraph (4).

 

(3) If the Council fails to resolve the dispute through conciliation and the dispute remains unresolved, such dispute shall be referred to arbitration to the MIBCO-Dispute Resolution Centre in terms of section 52 of the Act. The arbitrator shall have the power to decide upon the procedure to be followed at the arbitration hearing in terms of section 138 of the Act, and be entitled to make an award in respect of the parties’ arbitration costs in terms of section 138 (10) of the Act.

 

(4) The provisions of this clause stand in addition to any other legal remedy through which the Council may enforce a collective Agreement.

 

(5) The arbitrator’s decision shall be final and binding subject to the parties’ right of review to the Labour Court.

 

(6) Any other dispute shall have the same meaning as defined in the Act and shall be dealt with in terms of section 51 of the Act.