Labour Relations Act, 1995 (Act No. 66 of 1995) Notices Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades Extension to non-parties of the Main Collective Agreement 4. Definitions

 

Unless the context otherwise indicates, any expressions used in this Agreement which are defined in the Act shall have the same meanings as in the Act and for the purposes of this Agreement an employee shall be deemed to be in that class in which he is wholly or mainly engaged: furthermore unless inconsistent with the context—

 

"adoption order"

means an adoption order as envisaged in the Children's Act, 2005 (Act No 38 of 2005);

 

"adoptive parent"

has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No 38 of 2005);

 

"agent"

means any person employed by the Council and appointed in terms of its Constitution and who collects contributions on behalf of the Council or a third party and who may be delegated to investigate a complaint or carry out any other tasks which may be allocated to such person;

 

"agreement"

means this Agreement, and "Collective Agreement' has a corresponding meaning;

 

"Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995) as amended from time to time;

 

"actual wage"

means the wage rate per hour which an employer actually pays an employee in respect of the ordinary hours of work and "Wage" and "Prescribed Wage" have a corresponding meaning;

 

"assistant bartender"

means an employee who, under the supervision of a bartender, does the work of a bartender, but who is not responsible for stock in a bar;

 

"assistant clerk/cashier"

means an employee who, under the supervision of a clerk/cashier, does the work of a clerk/cashier, and has less than one year' s experience;

 

"assistant manager"

means an employee who is specifically charged by his employer to assist the manager in his duties and who may act on behalf of the manager in his absence;

 

"baker"

means an employee who prepares, makes and bakes wheaten products, confectionery and who is responsible for the control of stock;

 

"bartender"

means an employee who is engaged in supplying liquor to customers over a counter and receiving payment for it, and who is responsible for the balancing of the liquor stock and cash receipts for the liquor sales;

 

"bread"

without limiting the ordinary meaning of the term, includes buns, rolls, or any similar wheaten, rye or maize products;

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act 75of 1997) as amended;

 

"café"

without limiting the ordinary meaning of the term, means a business licensed or required to be licensed, under item 20 "cafe keeper" of the Transvaal Licence Ordinance, 1974 (Ordinance No 19 of 1974 as amended from time to time);

 

"cashier" see clerk

 

"catering"

means the provision of meals, ready made meals, wheaten products, confectionery and/or refreshments, alcoholic or non-alcoholic;

 

"catering assistant"

means an employee who—

 

"chef"

means an employee in a managerial position who is in position of a chef's certificate and is in charge of the preparation, presentation and quality of food, training and supervision of kitchen employees and stock control;

 

"chef de partie"

means an employee who under the supervision of a management and or sous chef is responsible to perform the duties of a sous chef allocated to him/her.

 

"child"

means a person who is under 18 years of age:

 

"clerk/cashier"

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

 

"commission work"

means work where an employer and employee have agreed in writing before the work commences that the employee will on a regular basis perform work on which a commission will be paid;

 

"commission worker"

means a person who agrees in writing with the owner of an establishment to work odd shifts when required by the owner on which a commission will be paid at the end of each shift, week/month. Provided that the commission worker shall not work more than 36 hours in any week;

 

"commissioning parent"

has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No 38 of 2005);

 

"cook"

means an employee, who is engaged in preparing, cooking and the presentation of food in an establishment and who may be responsible for the organisation of the kitchen and the control of stock in a kitchen;

 

"Council"

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

 

"counter assistant"

means an employee who serves customers at a counter and takes orders verbally or telephonically who may receive payment for the goods sold, but excludes a bartender and assistant bartender;

 

"day"

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

 

"delivery employee"

means an employee who delivers or collects messages, letters, documents or goods;

 

"designated agent"

means any person appointed by the Minister at the request of the Council in terms of section 33 of the Act to promote, monitor and enforce compliance with the Agreement;

 

"dispute"

includes an alleged dispute;

 

"driver"

means a person employed to drive a motor vehicle and includes any time spent on work connected to 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—

 

"employee"

means:

 

"employer"

means any person whomsoever who employs or provides work for any person or who permits such person whomsoever in any manner to assist him/her in the carrying on or conducting of a business in the Sector, as defined, and who remunerates or expressly or tacitly undertakes to remunerate such person: and "employ"or

 

"employment"

have corresponding meanings;

 

"establishment"

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

 

"exemptions committee"

means a committee established to consider applications for exemption from the provisions of this Agreement;

 

"extra-heavy motor vehicle"

means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 16 000kg;

 

"fixed-term contract"

means a contract in writing which stipulates the period of the employment contract and termination date and does not raise future expectations of continued or further employment;

 

"functions supervisor"

means an employee who is personally in charge of and responsible for the activities at a particular special function;

 

"general assistant"

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

 

"griller" see catering assistant;

 

"gross vehicle mass"

in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by the registering authority;

 

"head cook"

means an employee who does the work of a cook and is in charge of a kitchen where three or more cooks are employed;

 

"head waiter/head wine steward" see receptionist;

 

"heavy motor vehicle"

means a motor vehicle, the gross vehicle mass or gross combination mass of which exceeds 9 000kg but does not exceed 16 000kg;

 

"incapacity"

means inability to work owing to ill health or injury;

 

"independent exemptions board"

means a body as referred to in Section 32(3)(e) of the Act;

 

"kitchen supervisor"

means an employee who fall under the direction of the employer/manager or assistant manager, supervise the work of the employees in an establishment and is in charge of stock;

 

"law"

includes the common law;

 

"light motor vehicle"

means a motor vehicle, the gross vehicle mass or gross combination mass of which does not exceed 3 500kg;

 

"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 connection with that section of the establishment that has been placed under his authority, and who is directly responsible to the employer, and further 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. Provided that where fewer than six employees are employed, this employee shall be deemed to be a supervisor;

 

"management trainee"

means an employee who is employed for a period of 18 months in various departments of an establishment, for the purpose of being trained as a manager;

 

"meals"

without limiting the ordinary meaning of the term includes pies, pastries, pizza, vetkoek, confectionery, snacks, take away meals, savouries, pastries, shawarmas, pancakes or any edible or drinkables fit for human consumption;

 

"medical practitioner"

means a person entitled to practice as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No 58 of 1974), as amended, from time to time;

 

"medium motor vehicle"

means a motor vehicle, the gross vehicle mass or the gross combination mass of which exceeds 3 500kg but does not exceed 9 000kg;

 

"midwife"

means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act 1978 (Act No 50 of 1978), as amended from time to time;

 

"minister"

means the Minister of Employment and Labour;

 

"month"

means the period extending from a day in any month up to and including the proceeding day corresponding numerically to the first-mentioned day in the following month, e.g. 7 April to 6 May;

 

"monthly wage"

means an employee's weekly wage multiplied by four and a third;

 

"motor vehicle"

means any self-propelled vehicle with an engine capacity exceeding 200cm3 used for conveying goods and includes a mechanical horse, a motor cycle or a motor tricycle and a tractor;

 

"new employer"

means the owner of a business newly established in the trade, during the first 12 months of its existence in the trade, who at no time employs more than ten employees in the aggregate: Provided that if the existing business undergoes a change of name or ownership (including a change of directors, members or partners) while largely retaining the same employees and/or clients, it shall not he regarded as a new employer;

 

"night work"

means work performed after 18h00 and before 06h00 the next day;

 

"ordinary hours of work"

means the hours of work permitted in terms of the Basic Conditions of Employment Act, No. 75 of 1997;

 

"operational requirements"

means requirements based on the economic, technological, structural or similar needs of an employer;

 

"overtime"

means the time that an employee works during a day or a week in excess of ordinary hours of work;

 

"part-time driver"

means an employee who is ordinarily engaged in work other than driving a motor vehicle, but who on more than two days in any week is engaged in driving a motor vehicle for not more than three hours in the aggregate on any such day, and for the purpose of this definition the expression  "driving it motor vehicle" includes all periods of driving and any time spent, while in charge of the vehicle, on work connected with the vehicle or the load;

 

"part-time employee"

means an employee (other than a part-time driver) employed by the establishment for not more than 30 ordinary hours of work in any week;

 

"premises"

includes any land, structure, vehicle or vessel;

 

"paid holiday"

means any day that is a paid public holiday in terms of the Public Holidays (Act No. 36 of 1994);

 

"paid leave"

means any annual leave, paid sick leave, paid union representative leave or paid family responsibility leave that the employee is entitled to in terms of this agreement;

 

"probation"

means the period determined in advance by an employer requiring a newly hired employee to work, to give an employer an opportunity to evaluate the employee's performance and capabilities before the appointment of the employee is confirmed;

 

"receptionist/head waiter/head wine steward"

means an employee who is engaged in making reservations in respect of tables, allocating seats and showing customers to their seats and is specifically charged by the employer or manager with supervisory responsibility over general assistants;

 

"refreshments"

without limiting the ordinary meaning of the term shall include all edibles and drinkable, fit for human consumption;

 

"registered scope" see sector;

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, excluding any gratuity, gift or (tips) received from a customer for service rendered, made or owing to any person in return for that person working for any other person, and remunerate has a corresponding meaning;

 

"sandwich"

means one or more slices of fresh or toasted bread, rolls, scones or buns with filling on or between such slice or slices;

 

"secretary"

means the General Secretary of the Council and includes any official nominated or delegated by the Council to act on behalf of or perform the duties of the Secretary;

 

"sector"

"Fast Food, Restaurant, Catering and Allied Industries" means the industries concerned with the Tearoom, Restaurant, Catering, Coffee Shop, Pub, Tavern, Roadhouse, Cafe, Snack Bar, Fast Food outlet, Convenience Store, Industrial or Commercial Caterer, Function Caterer, Contract Caterer, Catering and associated activities, without in any way limiting the ordinary meaning of the expression and include(s) the sector or sectors and or establishment(s) in which person(s) carry on the business or in which employers and employees are associated, for the purpose(s) of preparing, baking, providing, supplying, serving, selling, processing, producing meals. These shall include the provision of meals in bulk, edibles and beverages on any premises. Included would be all operations incidental to or in support of the employers' enterprise in relation to any of the above-mentioned activities and would further include:

Provided further that, for the purposes of this definition, the following business activities are specifically excluded front the ambit thereof:

 

"security guard"

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

 

"serve"

means to send by registered post, telegram, telefax or to deliver by hand;

 

"small employer"

means an employer who does not employ more than ten (10) employees at any time;

 

"special function casual employee"

means an employee who is employed on hourly or daily basis for not more than three days in any week: Provided that he/she may work for not more than four days in any week:

 

"special function supervisor"

means an employee who supervises staff at a special function under the direction of the employer or manager;

 

"sous chef"

means an employee who is responsible for planning and directing food preparation in the kitchen, train new chefs, cooks, create the work schedule, make sure all food is of the best quality, making sure that all kitchen equipment, appliances and cooking instruments are at all times in working order, making sure that all kitchen staff abide by the employer's rules and regulations and kitchen duties, stock control, product supply rotation, menu tasting and to ensure safety precautions and sanitary provisions are taken as well as to ensure a safe and clean working environment;

 

"supervisor"

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

 

"surrogate motherhood agreement"

has the meaning assigned to it in section 1 of the Children's Act, 2005 ( Act no 38 of 2005);

 

"trade union representative"

means a trade union representative who is entitled to exercise the rights contemplated in section 14 of the Labour Relations Act. 1995;

 

"uniforms"

means an apparel that includes an overall, coat, dress, skirt, blouse, pinafore, cap, apron or footwear;

 

"waiter/wine steward"

means an employee other than a bartender, clerk/cashier or counter assistant, who performs any one or more of the following duties:

 

"wage"

means the amount of money paid or payable to an employee in respect of ordinary hours of work or, if they are shorter, the hours an employee ordinarily works in a day or week, excluding any gratuity, tips or gifts received from a customer for service rendered;

 

"watchman"

means an employee who is engaged mostly at night, in any one or more of the following duties:

 

"week"

in relation to an employee, means the period of seven days within which the working week of that employee falls; and

 

"workplace"

means any place where an employee works.