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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Eleven: Compliance, Monitoring and Exemptions

50. Procedure to enforce Compliance with this Agreement
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(1)The Council or any other person designated by the Secretary, shall take all reasonable steps necessary to ensure compliance with this Agreement.

 

(2)If, whether through its own investigations or through any other source, it appears as if the provisions of this Agreement have been breached then the following procedure shall apply to enforce compliance:
(a)the Secretary of the Council or any other person designated by him, shall appoint a designated agent to investigate the alleged breach;
(b)if, upon completion of the investigation, the designated agent has reason to believe that this Agreement has been breached, the agent shall issue a compliance order.

 

(3)The Secretary of the Council or any other person designated by the Secretary, may—
(a)impose a fine in terms of clause 54; or
(b)refer the matter to arbitration in terms of this Agreement if the respondent party does not consent to the compliance order or the fine, in which case the respondent party may be ordered to pay the costs of the process; or
(c)take such other steps as the Secretary or any other person designated by the Secretary may deem reasonable.

 

(4)If an employer fails to submit a prescribed return in any month, the Council may assess the amount due to the Council in terms of the applicable Agreement based on the average number of employees and their respective remuneration rates reflected in the latest monthly return form received from the employer.

 

(5)If no monthly returns have been received by the Council from that employer, the Council may base its assessment based on the number of employees in the Council's prescribed registration form for that employer. If the number of employees is not disclosed on the prescribed registration form, the Council's assessment will be based on the evidence obtained by the Council.

 

(6)The Council may send its assessment to the employer for verification. If the employer fails to object to the assessment within ten (10) days after receiving the assessment, the Council may accept the assessment as true and correct.

 

(7)If an employer pays an amount due in terms of the Council's assessment and it is discovered that the assessment was based on incorrect facts or figures resulting in an overpayment, the Council may use the overpaid amount to settle unpaid amounts due to the Council by that employer. If no amounts are outstanding by that employer, the amount shall be reimbursed to the employer by the Council.