BARGAINING COUNCILS FOR THE RESTAURANT,
CATERING & ALLIED TRADES

Labour in the New South Africa presents its own unique problems. There is general confusion in the workplace as to the new laws being promulgated and how they should be implemented. If you are an employer, you may not know where you stand as far as your workers are concerned The government is introducing a myriad of Acts – such as the Labour Relations Act and the Basic Conditions of Employment Act. Which act applies to you and how do you implement it with your workers seems to be the most common question asked. Workers on the other hand, faced with the new legislation that leans in their favour, also do not grasp the full implication of the new acts.

HOW BARGAINING COUNCIL WORKS

The Bargaining Council consists of unions and employers organizations, with the purpose of collectively agreeing to terms and conditions and implementing them, as agreed. The Bargaining Council would also deal with any disputes and amendments to the Agreement.

When unions and employers associations establish a Bargaining Council they design a governing institution to negotiate a degree of certainty and protection for both workers and employers, and is to be registered with the department of Labour in terms of the Labour Relations Act 1995.

1. The Bargaining Council is the old Industrial Council

2. The Bargaining Council is an establishment and bargaining structure and forms part of collective bargaining.
3. The Bargaining Council for the Restaurant, Catering and Allied Trades has been registered and consequently meets the requirements of the Act.
4. The effect of the Bargaining Council Agreement is a method of encountering the imbalance of bargaining power between individual employer and employees and is important that terms and conditions of employment are collectively agreed upon.

THE POWERS AND FUNCTIONS OF BARGAINING COUNCILS

The powers and functions of Bargaining Councils are:

1. To conclude collective agreements.

2. To enforce those collective agreements.
3. To prevent and resolve labour disputes.
4. To perform the dispute resolution functions.
5. To establish and administer a fund to be used for resolving disputes.
6. To promote and establish training and education schemes.
7. To establish and administer pension, provident, medical aid, sick pay, leave pay,, unemployment and training schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the Bargaining Council or it's members.
8. To develop proposals for submission to Nedlac or any appropriate forum on policy and legislation that may affect the sector and area.
9. To determine by collective agreement the matters which may not be an issue in dispute for the purposes of a strike or a lock – out at the workplace.
10. To confer on workplace forums additional matters for consultation.