Alert: Bargaining Council and Unions

bargaining council

One of the most urgent and important things you can do for your business and industry today must be to familiarise yourself with what is happening around the Bargaining Council situation and the measures that are being undertaken on behalf of the industry to stop it.

In times of crisis, we must work together, smartly and swiftly. There isn’t time to delay.

Much has been written about the extension already (click here). You are by now aware that legislation has been passed wherein the Bargaining Council for the Fast Food, Restaurant and Catering Trades has been extended to non-parties in the areas of the geographical scope of the agreement.

FEDHASA, supported by their members and an alliance of restaurant and fast food businesses, including most of the major chains and franchisors, is in the process of filing an urgent interdict this week to halt the immediate implementation of extension of this Bargaining Council to non-parties. We believe that we can show that neither the union party, nor the employer party represents the majority of employees in the industry by a considerable shortfall.

For the urgent interdict to be launched, we need to collate data to prove that the numbers presented by the unions on employers and employees they represent is without doubt inaccurate.

You can help with this task immediately. We need to gather this information  today (26 Jan). Our failure to stand together as an industry and provide the information that is needed for the interdict is delaying our legal argument and puts the entire sector at risk.

Please complete this survey as a matter of urgency:

Meanwhile, you may find that a representative of the new Bargaining Council (BCFFRCAT), or a trade union official, visit your particular unit and demand that you sign up with the Bargaining Council.

The representative might even leave certain documentation for you with the instruction to complete and return it to the Bargaining Council. This is currently not illegal for them to request, as the legislation has already been Gazetted.

You may even be asked to join the BC and ask for an exemption. However, the legislation does allow 30 days for a company to register with the Bargaining Council, which takes us to at least the 17th of February 2021. There is also no need to register now and ask for an exemption from the BC.

We thank you for your ongoing support and will continue to keep you updated on any developments.


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