33A – Enforcement Of Collective Agreements By Bargaining Council

Section 33 of the Labour Relations Act provides for the appointment of designated agents to a bargaining council to promote, control and enforce collective agreements within that board. As a result, the Legal Director and the Compliance Inspector, along with some other Council staff, were appointed by the Ministry of Labour to perform these tasks. One of the council`s tasks is to enforce its collective agreements. To this end, a legal and compliance department has been established and currently consists of a legal and compliance officer and a compliance inspector. Legal and compliance services or designated agents may issue “compliance orders” that require anyone bound by a collective agreement to comply with the collective agreement within a specified period of time. The Commission may refer to the CCMA any unresolved dispute regarding compliance with a provision of a collective agreement to arbitration by an arbitrator appointed by the Commission or, if the dispute concerns a party. Arbitrators have the powers, like those of the CCMA commissioners, and may order the payment of a sum owed under a collective agreement; impose fines for non-compliance with a collective agreement; collect an arbitration fee or order a party to bear the costs of arbitration; Confirm, vary or cancel a compliance order placed by a designated agent or to award another appropriate distinction. Such distinctions have the status of an employment tribunal order. The application of collective agreements by this bargaining council is, like any other section 33A of the Labour Relations Act. 15. Article 68 of the Council`s Constitution – Dispute Resolution Procedure provides that a party to the dispute over the interpretation or application or non-compliance of a collective agreement, including the provisions of BCEA, may simply refer this dispute to these proceedings. 16. Article 69.1 also provides that the Secretary-General may promote, control and enforce a Council collective agreement within the framework of the Council and within the meaning of this section 33 and section 33A of the LRA.

17. Article 69.2 provides that a council collective agreement is considered to be contained in your gender: 69.2.1 Any fundamental condition of employment that constitutes a clause in a worker`s employment contract under the collective agreement under section 49, paragraph 1, of bceA; and 69.2.2 subject to item 7.5, any other basic condition of bceA applicable to a worker within the scope of the Council if the worker`s employer is a party to the Council; SUMMARY: Labour Relations Act 66 of 1995 (LRA) – Section 33A – Application of Collective Agreements by Bargaining Councils – UNHCR Constitution Clause 69 – Application of Collective Agreements and Fundamental Conditions of labour Law – Ministry of education – Ostk violated the provisions of Article 32 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), the provisions of Resolution 1 of the 2008 ELRC and the Personnel Management Policy (WFP) Chapter C 4. , because the Ministry of Education did not remove the applicant for benefits performed as rector-commissioner for the period from July 1, 2016 to October 31, 2017. 18. Article 69.3 provides that if the Secretary General acts within the meaning of this clause 69 and the case also concerns the interpretation or application of a collective agreement, clause 24 applies to the exclusion of clause 8. 19. Article 69.5 also provides that the Secretary-General may, at his sole discretion or at the request of a party, refer any unresolved dispute over compliance with a provision of a collective agreement, if any, to an arbitration procedure by a participant appointed by the Council or the CCMA.