Tuesday, 17 December 2013 16:15

Overstrand Building Industry in court case over compliance

The building industry in the Overstrand Area is currently in disarray due to a number of Contractors in the area who have taken the Minister of Labour and the Building Industry Bargaining Council to court regarding the issue of jurisdiction and extension of the Collective Agreement to non-parties. The Minister of Labour extended the BIBC's jurisdiction, as from 1 April 2011, to include Gansbaai, Hangklip, Hermanus, Kleinmond and Stanford. The Minister later extended the BIBC's Collective Agreement to non-parties.

  • The court date has been postponed to May 2014 due to the applicants' failure in preparing their replying affidavit timeously.
  • Arnold Williams, Secretary for Building Industry Bargaining Council (Cape of Good Hope), said "We need the industry to understand that any employers within the Overstrand Municipality are in fact in breach of the law if they choose not to comply with the current Building Industry Bargaining Council's Employment Conditions".
  • The Court Order (see below) clearly states that the BIBC reserves the right to take non-compliant contractors to arbitration to enforce compliance.
  • The Council will continue to enforce the Collective Agreement in the area.
  • 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.

View the court order on the BIBC's website at http://www.bibc.co.za/index.php/news-bibc J. Overstrand Court Case (pdf file).