The Building Industry Bargaining Council has issued a reminder to all building industry employers within the Overstrand Municipality not to use the current court case as an excuse not to comply.
Employers have been warned that they are in breach of the law if they choose not to comply with the current Building Industry Bargaining Council's Employment Conditions.
The Minister of Labour extended the BIBC's jurisdiction, as from 1 April 2011, to include the areas of Gansbaai, Hangklip, Hermanus, Kleinmond and Stanford. The Minister later extended the BIBC's Collective Agreement to non-parties.
"As much as we usually try to avoid litigation, we will ensure that the Collective Agreement that has the Department of Labour's approval, will in fact be enforced," explained Arnold Williams, Secretary for Building Industry Bargaining Council (Cape of Good Hope).
The Court order clearly states that the BIBC reserves the right to take non-compliant contractors to arbitration to enforce compliance; the Council will thus continue to enforce the Collective Agreement in the area.
In addition to this, it is important to note that as the second respondent in the case, the court has ordered that the case against the BIBC will only be heard after the determination against the Minister of Labour, and only if necessary.
For further information, please view the court order on the BIBC's website at http://www.bibc.co.za/index.php/news-bibc K. Overstrand Court Case (pdf file)