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 Protected Disclosures Amendment Act, No 5 of 2017
On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 [...]
The pitfalls of resignation
ISSUE If an employee resigns, then decides to retract her resignation but her employer refuses to allow her to [...]
Enforceability of medical testing as a clause in an employment contract
Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can [...]
Are trade mark clearance searches necessary?
INTRODUCTION We are asked by clients on regular occasions whether there is a need to conduct searches of the [...]
Higher qualifications not an automatic reason validating differential pay between employees
ISSUE Whether the employer had unfairly discriminated against farm‑supervisors by grading and paying them less than farm‑foremen who performed [...]
Dismissal for poor work performance: the importance of setting realistic targets and providing assistance in the achievement of such targets
ISSUE(S) The importance of setting realistic targets for employees and providing the employees with resources to reach such targets. [...]
