Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

4. Definitions

Purchase

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995 (Act No. 66 of 1995), shall have the same meanings as in that Act, any reference to the Act shall include any amendment of such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context—

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

"assistant manager"

means an employee who is specifically charged by his employer to assist the manager in his duties in an establishment and who may act for such manager in the employ of the firm in his absence;

"baker/confectionery caterer/cook"

means an employee engaged in the performance of any one or more of the following duties;

(a)	Preparing, making and baking wheaten products, cakes, tarts, doughnuts, pies;

(b)	Preparing, cooking and presenting food in an establishment;

(c)	Being responsible for kitchen organisation and control of stock;

"barman"

means an employee who is engaged in supplying liquor to customers or to a waiter or wine steward for customers over a counter and who receives payment therefore and who is responsible for the balancing of the stock and cash receipts;

"blockman"

means an employee in a butchery who cuts and serves meat to customers, and such butchery must be within a supermarket or similar establishment;

"cashier/clerk/packer/storeman"

means an employee who is engaged in the performance of any one or more of the following duties;

(a)	Clerical work, i.e. writing, typing and filing;

(b)	Operating office equipment;

(c)	Operating a cash register, and being responsible for balancing receipts and disbursements;

(d)	Being in charge of stores and responsible for receiving, storing, assembling, packing and/or unpacking goods in a store or warehouse, and for the delivery of such goods;

(e)	Operating a telephone switchboard;

but does not include any other class of employee elsewhere defined in this clause, notwithstanding the fact that clerical work as herein defined may form part of such employee's work;

"casual/special function employee's"

means an employee employed by the same employer for not longer than three days in any week and/or 24 hours in any week, and/or a maximum of 9 hours per day;

"catering"

means the provision of meals and/or refreshments;

"catering assistant"

means an employee who—

(a)

prepares any one or more of the following: Plain or toasted sandwiches, fresh fruit, fruit salads, salads from fresh or prepared vegetables, hamburgers, hot dogs, waffles, pancakes, pizzas, pies, curry and rice, common pan foods, grills, popcorn, fish and chips, vetkoek and grilled chicken, and/or assists with the preparation of the menu of the establishment;

(b)	transmits orders and places such items of food mentioned in paragraph (a), and cold prepared foods, prepared salad dressings, stews, boiled meats and/or vegetables, either on plates or in containers ready for conveyance to the customer;

(c)	operates an ice-cream dispenser and/or soda fountain and/or semi-automatic machine;

(d)	receives verbal or written orders from a waiter/wine steward for the supply/handing over to him of bottles of alcoholic or non-alcoholic drinks;

"chef"

means an employee in a managerial position who is in possession of a chef's certificate recognized by the Council and who is in charge of the preparation of the food in an establishment/or an employee who is employed by the same employer and is trained within the establishment for a period of 4 years from the date of employment. During the period of training such employee will be deemed to be unqualified.

"commission worker"

means a person who performs the duties of a waiter and receives commission as a form of remuneration or payment;

"Council" or "Bargaining Council"

means the Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades;

"day"

means a period of 24 consecutive hours calculated from the time an employee commences work;

"driver"

means and employee who is engaged in driving a motor vehicle, and for the purposes of this definition the expression driving a motor vehicle includes all periods of driving, any time spent on work connected with the vehicle or the load and all periods during which he is obliged to remain at his post in readiness to drive;

"emergency work"

means—

(a)	any work which, owing to unforeseen circumstances such as fire, storm, accident, epidemic, act of violence, civil unrest, theft or a breakdown of plant, motor vehicles or machinery, must be done without delay;

(b)	any work in connection with the provisioning of aircraft;

(c)	any work in connection with the guarding of premises of property for security reasons during building operations or structural alterations;

"establishment"

means any place in or in connection with which one or more persons are employed in the Food Retail, Restaurant, Catering and Allied Trades, and includes clubs and/or canteens operated for personal gain;

"establishment fee"

means an amount, as agreed by the Council from time to time, paid by the employer for each individual establishment. Should an employer own several establishments, this fee is payable for each establishment operation at different premises or under different trading names.

"general assistant"

means an employee who is engaged in the performance of any one or more of the following duties;

(a)	Making porridge and preparing meals for the exclusive consumption of the employee of the establishment;

(b)	Packing or wrapping edibles for sale or delivery;

(c)	Assisting with the checking of stores under supervision;

(d)	Checking crockery, glassware, napery and other pantry requirements and checking dining equipment;

(e)	Cleaning premises, the work place or any article;

(f)	Cleaning, plucking or cutting raw poultry, raw fish or raw meat as part of the cleaning process, cleaning or peeling fruit and vegetables, cutting fruit and vegetables other than for salads and cutting bread;

(g)	Carrying, stacking or moving goods;

(h)	Making or maintaining a fire and removing ashes and refuse;

(i)	Vending, collecting and/or delivering orders out or in the premises and accepting payment thereof;

(j)	Making tea, coffee, cocoa similar beverages;

(k)	Loading and off-loading;

(I)	Repetitive mass-measuring to a set mass-meter;

(m)	Opening or closing packets, containers or parcels;

(n)	Heat closing of polythene or similar pre-filled containers;

(o)	Gardening;

(p)	Sharpening knives;

(q)	Decanting into other containers, except for table use;

(r)	Guarding premises or other movable or immovable property by day, but excluding a watchman;

"liquor"

means intoxicating liquor as defined in the Liquor Act, 2003 (Act No. 59 of 2003);

"manager"

means an employee who is charged by his employer with the overall supervision over, responsibility for and direction of the activities carried on, in or in with that section of the establishment that has been placed under his authority, and who is directly responsible to the employer, and includes the provision of attendance registers to all employees and the daily completion thereof as well as of the wage register when so instructed by his employer;

"monthly employee"

means an employee who gets paid monthly;

"motor vehicle"

means any self-propelled vehicle used for conveying goods and includes a motor-cycle or a bicycle;

"practitioner"

to include Registered traditional healer;

"probation period"

means a period of three months within which an employee must prove himself capable of performing the duties of a specific job to the satisfaction of the employer;

"remuneration/wage"

is the hourly wage multiplied by the number of ordinary hours prescribed in clause 7(2) which is the amount of money payable to an employee in terms of clause 5 in respect of his ordinary hours of work as prescribed in clause 7: Provided that if any employer regularly pays an employee in respect of such hours of work an amount higher than that prescribed in clause 7 it means such higher amount;

"Secretary"

means the Chief Administrative Officer of the Council;

"sector/trade"

means the Food Retail, Restaurant, Catering and Allied Trades in which employers and their employees are associated wholly or mainly for the purpose of preparing, serving or providing meals or refreshments (whether liquid or otherwise) or both such meals and refreshments in or from any establishment or part thereof, whether permanent, temporary, indoors or in the open air, and includes such activities when carried on in or from one or more classes of premises or parts thereof—

(a)	used as public restaurants, fish-and-chip shops, cafes, tearooms, roadhouses, and take-away food outlets, except where the preparation and/or supply of ready-to-consume food and/or refreshments takes place on or from the premises of an accommodation establishment;

(b)	where meals or non-alcoholic drinks are served for consumption on the premises or are provided for consumption away from the premises;

(c)	where aerated or mineral waters are supplied in glasses or other containers for consumption on the premises;

(d)	wherein or wherefrom the activities referred to herein are carried on in respect of or in connection with any entertainment and/or function.

but does not include the sale and/or provision of edibles and/or liquid refreshments to persons attending cinema performances or theatre productions on the premises of and by the establishment providing such performances or productions, and includes the supply of liquor in any such establishment or on any such premises in terms a liquor license held or deemed to be held by such employers or issued under the Liquor Act, 2003, but does not include hotel keepers, boarding house-keepers or lodging house-keepers, and further includes all operations incidental to or consequent on any of the aforesaid activities;

"small employer"

means an employer who does not employ more than seven employees at any time;

"spreadover"

means the period in any day from the time an employee first commences work until he finishes work for that day;

"supervisor"

means an employee who under the direction of the employer, manager or assistant manager supervises the work of the employees in an establishment;

"waiter"

means an employee other than a commission worker, barman or cashier/clerk performs any one or more of the following duties:

(a)	serving meals and/or refreshments (whether alcoholic or non-alcoholic) to customers at tables or counters;

(b)	receiving payment for any order taken or executed and being responsible for payment;

(c)	setting and/or clearing tables;

(d)	checking and/or controlling dining-room and/or other pantry equipment;

(e)	filling butter and/or jam dishes and/or cruets, and making salads;

"watchman"

means an employee who is engaged in the performance of any one or more of the following duties:

(a)	guarding, protecting or patrolling premises, buildings, structures or fixed or movable property;

(b)	handling dogs in the performance of any or all of the duties referred to in (a); and

(c)	handling access control of parking and/or the establishment;

"weekly employee"

means an employee who is paid by the week;

In classifying an employee for the purpose of determining his main occupation in terms of this Agreement he shall be deemed to be in that class in which he is wholly or mainly engaged.