Welcome to the Bargaining Council for Restaurant, Catering and Allied Trades (BCRCAT). The BCRCAT is an association of registered trade union and registered employer organizations/individual employers. Bargaining Councils play an important role in the prevention and resolution of disputes. Bargaining councils manage two types of disputes:

• Disputes about the enforcement of collective agreements
• Disputes that are delegated to it in terms of the Labour Relations Act. These disputes are
• Disputes about freedom of association
• Disputes of interest that form the subject matter of a proposed strike or lockout (these disputes must be conciliated by the bargaining council)
• The bargaining council may conciliate a dismissal dispute if the reason for the dismissal is:
• Based on the employer's operational requirements
• For participation in an unprotected strike
• Automatically unfair dismissals
• The bargaining council may both conciliate and arbitrate dismissal disputes by way of a con-arb procedure if the dismissal is based on misconduct or incapacity
• Dispute about unfair labour practice (provided they do not relate to discrimination, as set out in the Employment Equity Act. (Discrimination disputes must be referred to the CCMA)
• Disputes about severance pay

 

What is the BCRCAT:

The BCRCAT is a legal and a voluntary forum in the private sector made up of one or more registered trade unions as well; on the other hand; one or more registered employer organizations. The primary purpose of the BCRCAT is to provide a structure where representative trade unions and employers in the sector can bargain over the terms and conditions of employment (an example is wages, hours of work, time off etc), matters of mutual interest and formulation of industrial policy. The council has jurisdiction over a defined sector and the precise scope of the council is set out in the constitution of the council.

Who is covered by the BCRCAT:

Parties to the council must be representative of the sector or area over which the council has jurisdiction. In the case of BCRCAT, there are currently five parties representing the interest of both business and organized labour. The following are the parties to the council:

• CATRA - For organized employers
• SACCAWU - For organized employees (COSATU Affiliate)
• ICAWU - For organized employees (Independent)
• HOTELICCA - For organised employees (NACTU Affiliate)
• FOSAWU - For organised employees (Independent Union)
• SOWU - For organised emplyees (Independent Union)

Geographic areas covered by the BCRCAT :

The BCRCAT covers businesses and employees within the following sectors:

Germiston Alberton Springs Boksburg Brakpan Delmas Benoni Kempton Park Johannesburg Krugersdorp Randburg Randfontein Roodepoort Stilfontein Westonaria

Business sectors covered by the BCRCAT

The BCRCAT covers businesses and employees in the following sectors:

• Tearoom, restaurants and catering 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 as meals and refreshments. These establishments could be:
• Restaurants
• Fish and Chips shops
• Cafes
• Tearooms
• Roadhouses
• Take away food outlets

Governance Structures

The gorvernace structure of the BCRCAT consists of representatives from organised business and labour as well as council administrators represented by the General Secretary. The office bearers are Mr. Jim Michaelides (Chairman from Business) Mr. Dumisani Dakile (Vice Chairman from Labour), and Mr. Brian Magqaza (General Secretary).The following constitute the governing structure of the BCRCAT:

• Annual General Meeting (AGM) - meets once a year

• Full Council - meets three times a year

• Executive Committee - meets six times a year

• AD-HOC Committee

• Management Committee - meets monthly

• Bargaining Council Officials - meet weekly

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