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Regulation Gazette No. 43343, 22 May 2020, Vol 659 No. 11116, Page 47

20200522 - Regulation Gazette No 43343 of 22-May-2020, Volume 659 No 11116, page 47

Page	47 of 124
Gazette	Regulation Gazettes, No 43343, from 22 May, 2020
Department	Labour
Notice	Page No. 30 of 50, Notice No. 581, Labour Relations Act, 1995 » Correction Notice » Bargaining Council for the Civil Engineering Industry (BCCEI) » Extension of Dispute Resoulution Collective Agreement to Non-Parties

STAATSKOERANT, 22 MEI 2020                        No. 43343    47

(r)  whether an interpreter is required and,  if so, for how long and for which of the  official
                                 South African languages.

(4)   Unless a dispute is settled, the parties
                                                             must draw up and sign a minute, setting  out the
                            issues referred to in sub-rule (3) and
                                                          indicating their agreement or disagreement on those
                            issues.

(5)   The referring party must  ensure that a copy of the pre-arbitration conference
                                                                                          minute is filed
                            with the Council within seven (7)
                                                       days of the conclusion of the pre - arbitration conference
                            or as directed by the Council or Commissioner.

(6)   The Council or Commissioner  may, after receiving a pre-arbitration minute  -

(a) enroll the matter for arbitration;
                            (b) direct the parties to hold  a further pre-arbitration conference; or
                            (c) issue any other directive to the  parties concerning the conduct of the  arbitration.

20.  Notice by the Council to parties  of an arbitration hearing

The Council must notify the parties  in writing of an arbitration hearing  at least twenty-one (21)
                      days prior to the scheduled date,
                                                    unless the parties agree to a shorter period  or reasonable
                      circumstances require a shorter period. Despite
                                                                the provisions of Rule 3, the time period of
                      twenty-one (21) days runs from the date  the notification is sent by the Council,  unless sent by
                      registered mail in which case  an additional seven (7) days must be allowed.

21.  Jurisdiction of the Council to arbitrate

If, during the arbitration proceedings  it appears that a jurisdictional issue  has not been
                      determined, the Commissioner must require  the referring party to prove that the  Council has
                      jurisdiction to arbitrate the dispute.

22.   Postponement of an arbitration  or any hearing other than conciliation

(1)  An arbitration must be postponed, and  there is no need for the parties to  appear, if all the
                            parties to the proceedings agree in writing
                                                               to a postponement and the written agreement
                            is filed with the Council at least  seven (7) days before the scheduled arbitration  date.

(2)  Where the parties agree to a postponement,  but fail to file their written agreement  to
                            postpone at least seven (7) days before the
                                                                 arbitration date, as required in sub-rule (1),
                            the parties will not be required to
                                                         appear on the scheduled arbitration date, but  may be

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