Legal updates and opinions
News / News
Bargaining council for the fast food, restaurant, catering and allied trades’ (“council”) main collective agreement extension to non parties
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 20 February 2020 the Council registered with the Department of Employment and Labour (“Department“). On 8 January 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published an extension in the Government Gazette extending the Council’s main collective agreement (“Collective Agreement“) to non-parties (“Extension“). The Extension is effective from 18 January 2021 until 31 August 2026.
The Collective Agreement will be binding on all employers in the ‘fast food’, restaurant, catering and allied trades industry (as defined within the Collective Agreement). The business activities which are excluded from the Collective Agreement are, broadly, the following: –
- The casino and hotel industry;
- Catering facilities which involve sports and recreation clubs;
- Outlets which prepare and sell food and beverages and involve a supermarket undertaking; and
- Filing and/or service stations.
Particular detail regarding such exclusions is contained in the Collective Agreement.
For further information, the full Extension and Collective Agreement may be accessed at: https://www.gov.za/documents/labour-relations-act-bargaining-council-fast-food-restaurant-catering-and-allied-trades.
Latest News
The validity of automatic termination clauses in contracts of employment
ISSUE(S) Whether the employee was unfairly dismissed after his appointment letter was automatically terminated because of a provision stating [...]
Holding onto land: the regulation of Agricultural Land Holdings Bill
INTRODUCTION During the 2016 State of the Nation Address, the president of the Republic of South Africa first announced [...]
And now for something completely different (or not?)
INTRODUCTION With effect from 1 June 2017 the Medicines and Related Substances Amendment Act No. 72 of 2008 ("the [...]
Director, Nastascha Harduth, becomes the first female fellow of INSOL international in SA
The on-going global financial crisis, recent confirmation by STATSSA that South Africa is in a technical recession and the globalization [...]
It’s not me, it’s you: incompatibility as a ground for dismissal
"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" – words [...]
The binding nature of collective agreements on minority unions
ISSUE(S) Whether a collective agreement concluded between a majority union and an employer, but extended to a minority union, [...]
