Fast Food Council – Urgent Interdict

Urgent interdict granted preventing the enforcement of compliance by non-parties with the Main Agreement for the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades 

An urgent interdict has been granted by the court to stop the implementation of the Collective Agreement for the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades extension to non-parties. 

From 18 January 2021, the Minister of Employment and Labour extended the Main Agreement for the Bargaining Council to non-parties, meaning that the Main Agreement was binding on all restaurants that previously fell under the Hospitality Sectoral Determination. 

The effect of the urgent interdict is that it stops the Council from forcing non-parties to the agreement to comply with it. Thus, non-parties to the agreement will not be compelled to comply with the newly gazetted agreement pending the finalisation of the court case relating to the extension of the agreement to non-parties. 

The basis of the court case is that the extension to non-parties was flawed, in that it is alleged that the parties to the agreement do not represent the majority of the industry. This would thus mean that the decision by the Minister of Labour to extend the agreement was also flawed, and should be reviewed and set aside. 

The areas affected by this urgent interdict and pending court case are:

(a) The Province of Western Cape

(h) The Province of Eastern Cape

(e) The Province of Northern Cape

(d) The Province of Free State

(e) The Province of Kowa Zulu Natal

(I) The Province of North West, excluding the Magisterial Districts of Brits and Rustenburg

(g) The Province of Mpumalanga, excluding the Magisterial District of Witbank

(h) The Limpopo Province, excluding the Magisterial District of Warmbaths, and the Magisterial Districts of Heidelberg, Nigel, Vereeniging, Vanderbijlpark, Oberholzer, Meyerton and Carletonville.

The Main Agreements for Johannesburg and Pretoria restaurants remain in place and are not impacted by this legal action. Thus, restaurants in these areas must continue to abide by the existing Main Agreements. 

Should you require further assistance relating to this matter, kindly contact Invictus Group on 0861737263.