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Amended Labour Relations Act
24. Disputes about collective agreements
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and Amendment - Labour Relations Act 2002
Chapter 3 : Collective Bargaining
Part B : Collective Agreements
24. Disputes about collective agreements
(1)
Every collective agreement, excluding an agency shop agreement
concluded in terms of section 25 or a closed shop agreement concluded
in terms of section 26 or a settlement agreement contemplated in either
section 142A or 158(1)(c), must provide for a procedure to resolve any
dispute about the interpretation or application of the collective
agreement. The procedure must first require the parties to attempt to
resolve the dispute through conciliation and, if the dispute remains
unresolved, to resolve it through arbitration.
(2) If
there is a dispute about the interpretation or application of a
collective agreement, any party to the dispute may refer the dispute in
writing to the Commission if-
(a) the
collective agreement does not provide for a procedure as required by
subsection (1);
(b) the
procedure provided for in the collective agreement is not operative;
or
(c) any
party to the collective agreement has frustrated the resolution of the
dispute in terms of the collective agreement.
(3) The
party who refers the dispute to the Commission must satisfy it that a
copy of the referral has been served on all the other parties to the
dispute.
(4) The
Commission must attempt to resolve the dispute through
conciliation.
(5) If
the dispute remains unresolved, any party to the dispute may request
that the dispute be resolved through arbitration.5
(6) If
there is a dispute about the interpretation or application of an agency
shop agreement concluded in terms of section 25 or a closed shop
agreement concluded in terms of section 26, any party to the dispute
may refer the dispute in writing to the Commission, and subsections (3)
to (5) will apply to that dispute.6
(7) Any
person bound by an arbitration award about the interpretation or
application of section 25(3)(c) and (d) or section 26(3)(d) may appeal
against that award to the Labour Court.
(8) If there is a dispute about the interpretation or application of the settlement agreement contemplated in either section 142(A) or 158(1)(c), a party may refer the dispute to a council or the Commission and subsections (3) to (5), with the necessary changes, apply to that dispute.
5. See flow diagram No. 3 in Schedule 4.
6. See flow diagram No. 4 in Schedule 4.
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