Sweet win for Fedhasa

BARGAINING COUNCIL AGREEMENT: NONMEMBERS GET PROTECTION

‘In its current form it could have a devastating impact on a battered industry.’

The Federated Hospitality Association of South Africa (Fedhasa) and the Restaurant Collective were yesterday granted an urgent interdict to stop the extension of the implementation of the Collective Agreement for the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades that was gazetted recently.

According to the extension, all employers falling under the scope of the application of the Bargaining Council, which includes fastfood outlets, restaurants and taverns, irrespective of the employer’s membership of the council, would have to comply with the agreement to pay compulsory Bargaining Council levies.

Only a few managerial districts in North West, Limpopo and Gauteng were excluded.

The agreement also included various new conditions of employment.

The interdict prevents any Bargaining Council employee or representative from enforcing compliance on establishments that are not members.

Employers who are not members are now also protected by this order, pending the outcome of the review application.

As the Bargaining Council cannot force nonmembers to comply, the department of employment and labour will have to provide the representation information it used to bypass the required industry engagement phase.

Fedhasa’s legal team first contacted the Bargaining Council to establish whether it would consider not implementing the extension, but this was rejected.

At the time, the Bargaining Council expressed its intention to oppose the application in court, but failed to lodge papers, or appear in court.

“We are delighted with this outcome, which is a positive first step in the process to get this legislation set aside,” says Rosemary Anderson, national chair of Fedhasa. “It has been greatly encouraging to see all the major restaurant brands joining forces to fight this extension.

“If it was implemented in its current form, it could have a devastating impact on an already battered industry.”

Fedhasa believes the Bargaining Council’s claims of representation were grossly overstated and wants to know how the extension to nonmembers was passed.

“Based on our in-depth analysis of the numbers, we contend that the determination by the registrar of labour [relations] is fatally flawed and the decision of the minister should be reviewed and set aside,” Anderson adds.

The minister of employment and labour and the registrar of labour relations are opposing the review, which will be heard in due course.

Encouraging to see restaurants joining forces