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: –

1. The casino and hotel industry;
2. Catering facilities which involve sports and recreation clubs;
3. Outlets which prepare and sell food and beverages and involve a supermarket undertaking; and
4. 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.