Bargaining Council Collective Agreement Update

You may remember that FEDHASA, together with the Restaurant Collective, representing an alliance of hospitality stakeholders, including all the major brands and quick service restaurants in South Africa, was granted an urgent interdict to halt the implementation of the gazetted Collective Agreement for the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades, which was extended to non-parties from 18 January 2021.

The issuing of the urgent interdict prevents any Bargaining Council employee or representative from enforcing compliance with its agreement to non-parties. This means that any industry employer that is not party to the Bargaining Council is therefore protected by this order pending the outcome of the review application.

In terms of the Labour Court rules, the Minister and Registrar were required to file all documentation pertaining to the extension and the Registrar’s determination that the Bargaining Council has the required majority of employees and or employers in the industry.

They have now done so and, arising out of their own documentation and their verification process of the numbers, it is clear that the Bargaining Council does not have the majority.

Read more here about the extension to the existing main collective Bargaining Council agreement to all non-parties, which includes all Tearooms, Restaurants, Catering, Coffee Shops, Pubs, Taverns, Roadhouses, Cafes, Snack Bars, Fast Food Outlets, Convenience Stores, Industrial and Commercial Caterers, Function Caterers, amongst others, across the country, excluding Johannesburg and Pretoria.

Please see below to most recent update shared by, Leon Bell, Director C&A Friedlander which is representing FEDHASA and the Restaurant Alliance:

“In terms of the Labour Court rules the minister and registrar had to file all documentation pertaining to the extension and the registrars determination that the BC has the required majority of employees and or employers in the industry. They have now done so and arising out of their own documentation and their verification process of the numbers it the BC has not got the majority. This is significant insofar as FEDHASA has maintained that the BC has nowhere near the required majority – this has now been confirmed by the Registrar of labour relations own numbers arising out of the verification process. We will now file a supplementary affidavit incorporating these facts as additional part of our review – the Minister and the Registrar then have to file opposing papers – given that on their own verified figures ( which we do not accept but for arguments sake refer to ) they don’t have a majority I cannot see how they can continue to oppose the review application – the BC agreement should never have been extended – its as simple as that.”

FEDHASA will keep you updated on any new developments throughout the legal process

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