The Dispute Resolution Centre at the Bargaining Council for the Civil Engineering Industry (BCCEI) is now open to handle party-to-party disputes.

The BCCEI represents the interests of all level four to nine Construction Industry Development Board companies.

These are companies rated to undertake contracts with a value of more than R1.5-million. They are also members of the South African Federation of Civil Engineering Contractors and their employees are members of the Building, Construction and Allied Workers Union, or the National Union of Mineworkers.

Having disputes heard by the BCCEI is advantageous to parties for a number of reasons, says BCCEI senior case management officer Merle Denson.

“The primary one is that the BCCEI has a current database of skilled conciliators and arbitrators from which a panel of experienced commissioners has been selected.

“All commissioners sitting on this panel are CCMA [Commission for Conciliation, Mediation and Arbitration] accredited and have extensive experience in this industry sector.”

A number of the commissioners have served on the Gautrain project, as well as at the Medupi and Kusile power station projects and should, therefore, have an intimate understanding of the complexity of issues common to the industry.

Some of the panel members have also been trained in the recent amendments to the Labour Relations Act (LRA), with specific reference to Section 198 disputes, which deal with Temporary Employment Service – TES, or labour brokers.

“Because the civil engineering sector is mature and very specialised, it was essential to secure individuals who understand this industry when overseeing or hearing a dispute. The use of suitably qualified commissioners will consequently ensure the fairness and quality of the arbitration award,” states Denson.

She adds that the council is in the process of building a library that will house all arbitration cases related to the industry. This will allow all relevant parties to review similar, previous cases, should it be necessary.

“Due consideration will be given to those cases of a sensitive nature and, in these instances, specific references such as company and individual names will be removed,” says Denson.

All cases will be referred to the new BCCEI head office in Bedfordview, where the majority of cases in the greater Pretoria–Witwatersrand–Vereeniging area will be heard.

For cases in other regions, a commissioner will be appointed from the BCCEI panel to facilitate the process within that specific region.

“It is worth noting that if a matter has already been referred to the CCMA prior to April 1, 2015, then that matter will proceed at the CCMA,” notes Denson.

“In addition, Section 21 disputes relating to organisational rights will still have to be referred to the CCMA, as the BCCEI does not have the jurisdictional right to handle such disputes. Furthermore, the council is also not able to handle unfair discrimination disputes and these will also need to be referred to the CCMA.”

An additional service provided by BCCEI is an Inquiry Arbitration (IA). Previously known as Pre-Dismissal Arbitration, this service will be available at a nominal charge. All IAs will be performed in terms of Section 188A of the LRA, and the commissioner’s finding will be final and binding.

When an IA is conducted, it negates the need for an internal disciplinary hearing process within an organisation, enabling both parties to proceed directly to arbitration.

With an IA, there is the option for the dispute to be heard at the company’s own premises, should this be required for logistical reasons. In addition to this, the parties can determine the date for this arbitration, allowing for greater flexibility.