Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementChapter Eleven: Compliance, Monitoring and Exemptions51. Powers of Designated Agents |
| (1) | Despite any other provisions of this Agreement or any previous agreement, the Council appoint one or more persons and may request the Minister of Employment and Labour to appoint such persons as designated agents in terms of section 33(1) of the Act to promote, monitor and enforce compliance with this Agreement or any previous agreement. |
| (2) | A designated agent appointed in terms of section 33(1) of the Act, shall in addition to the powers referred to in this clause, have the powers assigned to designated agents in terms of section 33, 33A and Schedule 10 of the Act. |
| (3) | Notwithstanding sub clause (2) the Council may utilise section 33 and schedule 10 of the Act in conjunction with the Rules for conciliating and arbitrating disputes in terms of the Act in the Building Industry Bargaining Council as issued and updated by the Council from time to time. |
| (4) | If an employer fails to comply with a compliance order issued by a designated agent with the period specified in the compliance order, the designated agent may submit a report to the Secretary of the Council or any other person so designated by the Secretary, specifying that the compliance order has not been adhered to. |
| (5) | Upon receipt of such a report, the Secretary of the Council or any other person so designated by the Secretary, shall— |
| (a) | Appoint an Arbitrator from the Council's panel of arbitrators to conciliate and where applicable arbitrate the matter; and |
| (b) | Take such steps as may be deemed necessary to give effect to any agreement reached after the compliance order was issued in resolving the matter. |