NON-PARTIES GET EXEMPTION FROM SECTOR BARGAINING COUNCIL AGREEMENT

THE FEDERATED Hospitality Association of SA (Fedhasa) and the Restaurant Collective were yesterday granted an urgent interdict to prevent the recently gazetted collective agreement by the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades from being extended to non-parties.

The Restaurant Collective represents an alliance of hospitality stakeholders, including all the major brands and quick service restaurants. The collective agreement, which was gazetted in January and was to be implemented this month, has new rules for staff pay, which includes wage hikes and for employers to contribute towards provident and funeral funds. “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,” Fedhasa said. The Department of Employment and Labour would be required to provide the representation information it used to bypass the industry engagement phase, it said. “We are delighted with this outcome, which is a positive first step in the process to get this legislation set aside. It has been greatly encouraging to see all the major restaurant brands joining forces with Fedhasa to fight this extension, which if implemented in its current form, could have a devastating impact on an already battered industry,” said national Fedhasa chairperson Rosemary Anderson. |