Earlier this year, the Minister of Employment and Labour extended the terms of the Main Agreement of the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades (‘BCFFRCAT’) to establishments across the country except for employers and employees who are subject to the collective agreements in the bargaining councils in the Gauteng and Pretoria region. Employers were required to register with the Council by no later than the 18th of February 2021.
The extension adds a burden to an already struggling industry which may only now be seeing some relief as a result of President Ramaphosa’s announcement that South Africa would move to Lockdown Level 1 as of the 1st of March 2021.
LabourNet, in collaboration with the Restaurant Association of South Africa (‘’RASA’’) amongst other interested parties, have taken the decision to challenge the extension of the main agreement to non-parties in terms of section 31 of the Labour Relations Act.
The submissions made will in essence challenge the validity of the extension in that there was no proper consultation of interested parties and that the employer representative parties simply do not have a sufficient employer membership interest to justify such an extension.
Should any employer be concerned as to how the extension of the agreement affects their business or should you have any questions, please contact us here.
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