FEDHASA, the Federated Hospitality Association of South Africa, and the Restaurant Collective, an alliance of hospitality stakeholders which includes all the major brands and quick service restaurants in South Africa, have been granted an urgent interdict against the recently gazetted Collective Agreement for the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades extension.
The interdict protects any industry employer who is not party to the Bargaining Council from having to comply with the agreement.
Rosemary Anderson, National Chairperson of FEDHASA, says, “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.”
READ: Hospitality sector prepares to fight new Bargaining Council extension
FEDHASA is challenging the extension of the agreement to non-parties on the basis that the Employer Organisations and Unions do not represent the majority of the industry countrywide – excluding Johannesburg, Pretoria and surrounds which have their own pre-existing Bargaining Councils. Without this majority representation, the extension is not legally valid.
FEDHASA is challenging the extension of the agreement to non-parties on the basis that the Employer Organisations and Unions do not represent the majority of the industry.
Prior to the interdict application, the Bargaining Council expressed its intention to oppose the application in court but failed to lodge papers or appear in court.
FEDHASA’s review application is being opposed by the Minister of Labour and Registrar of Labour Relations and will be heard in due course.
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