COLLECTIVE BARGAINING AGREEMENT BETWEEN BLANTYRE HOTELS PLC AND THE HOTEL FOOD PROCESSING & CATERING WORKERS UNION

This Collective Bargaining Agreement (hereinafter referred to as “Agreement”) is entered into on the day of 2022

By and Between

BLANTYRE HOTELS PLC of 2 Hannover Avenue, Post Office Box 21 Blantyre (“the Company’)

And

THE HOTEL FOOD PROCESSING AND CATERING WORKERS UNION ( “the Union) box 1348 Blantyre

1.DEFINITIONS

1.1“Agreement” means this Collective Bargaining Agreement

1.2 “Bargaining Unit” means the grouping of Employees who shall fall within the job positions in the respective Hotels covered by the scope of this Agreement and to which recognition is granted in terms of Article 6 of this Agreement.

1.3“Company Representative” means a person or persons nominated by the Company to represent its interests in dealings with the Union.

1.4“Conditions of Employment” means the general terms and conditions of employment which govern the employment of the Company from time to time.

1.5“Constitution” means the Constitution of the Union a copy of which shall be furnished to the Company as at the date of signature of this Agreement, together with any subsequent amendments thereto, to which the Company receives written notification from the Union.

1.6“Constituency” means a Department or a grouping of Departments within the respective Hotels covered by the scope of this Agreement and set out in Article 10.2 below in which employees shall be represented by a Shop Steward of the respective Hotel.

1.7“Consultation” means the process of communication between the Company and the Union to enable the views and/or concerns of staff to be expressed, discussed and incorporated into relevant decision-making processes.

1.8“Department Manager or Supervisor” means any and all Company Personnel appointed by the Company to be responsible for the overall supervision and direction of a department of the respective Hotel and the Employees engaged therein.

1.9“Dispute” means any misunderstanding or difference between the Company and employees or a Trade Union, as to the employment or non-employment, or the terms of employment, as to the employment or non-employment, or the terms of employment, or the conditions of labour or the work done or to be done, of any person, or generally regarding the social or economic interests of employees;

1.10“Hotel Manager” means a person so appointed at a Hotel of the Company or his deputy in his absence.

1.11“Industrial Action” means but is not limited to a strike, lock-out, walk-out, sit-in, work-stoppage, picketing, go-slow, illegal meetings or any action whether complete or partial, which results in the interference or disruption to the Company’s operations at any of the Hotels controlled by the Company.

1.12“Management” means any and all Company Personnel appointed by the Company to be responsible for the overall supervision and direction of the operation of the Company’s Hotels or part thereof and the Employees engaged at such Hotels.

1.13“Procedural Industrial Action” means the taking of any industrial action, by a party to this Agreement where such party has followed and exhausted the provisions of any relevant procedure, the terms of the Dispute Procedure contained in Article 13 (Dispute Procedure) and the terms of Article 14 – (procedural/ un-procedural Industrial Action), of this Agreement.

1.14“Premises” or Property” means any moveable or immovable property belonging to or under the control of the Company at the Hotels controlled by the Company, and includes staff accommodation.

1.15“Recognition” means the recognition of the Union by the Company for purposes of collective bargaining.

1.16“Shop Steward” means an Employee who forms part of the Bargaining Unit and who is a Union Member, who is elected in terms of the Union’s Constitution and this Agreement and is recognized in terms of this Agreement to carry out the functions, duties and responsibilities of a Shop Steward, as set out in Article 10 (Shop Stewards) of this Agreement. (The words “Shop Steward” shall unless the context otherwise require be used interchangeably with the word Union Representative).

1.17“Union” means the Hotel Food Processing and Catering Workers Union being a lawfully registered body corporate.

1.18“Union Literature” means any notice, announcement, communication, pamphlet, document or writing which the Union and/or its Union officials, Shop Stewards or Union members may wish to display/distribute on Company premises.

1.19“Union Member” means any Employee who chooses to join the Union and who is a paid up member of the Union in terms of its Constitution including, as evidenced by the submission to the Company of a Stop Order Form duly signed by such Employee for the deduction of Union membership subscriptions in terms of this Agreement.

2.SCOPE

This Agreement shall apply to all Employees controlled or operated by the Company and who are engaged in job positions included in the Bargaining Unit.

3.OBJECTIVE

The objective of the Agreement is to establish an effective and cooperative working relationship between the Union and the company for the promotion of effective productivity and industrial peace.

4.GENERAL PRINCIPLES

4.1The company recognizes the need for Employees to be represented by representatives of their choice who will represent their interests and work for improved conditions of environment and work according to the Union’s policies for the Employees

4.2The Union recognizes Management’s responsibilities to plan, organise, direct and control the activities of the company.

4.3The company and the Union recognize their interdependence and agree that matters affecting their interests shall be considered jointly both by negotiation as provided for in this Agreement.

4.4The company shall grant recognition to the Union subject to the provision of section 5 below.

4.5The parties agree that whilst their individual interests may differ, it is in their mutual interest to attempt to reconcile any differences which may occur between them through the process of dialogue, discussion, consultation, thereby string toward creating and maintaining industrial peace, job security and fair standards with regards to work performance and behaviour.

4.6 Both parties accept the principle of freedom of association, disassociation or non-association.

4.7Both parties commit themselves to the application of this Agreement in good faith and in a spirit of mutual understanding and respect. To this end, both parties recognize that they shall be bound and obligated by the terms and conditions of this Agreement may be enforced at law.

4.8The Union agree that:

4.8.1Management has the right to manage the company’s affairs in the best interest of its shareholders and Employees;

4.8.2The company has the right to communicate and /or consult with individual Employees, groups of Employees and/or their representatives.

4.8.3The existence of this Agreement in no way detracts from an employee’s right of access to the management of the company, or the company’s right to communicate directly with its employees or the recognized Union’s right to communicate with their members.

4.8.4In the event that there is industrial action, the Union accepts that the company has an obligation to safeguard guests and property and will therefore be entitled to engage such security as may be deemed necessary to protect guests, staff and property.

5.RECOGNITION

5.1Subject to provisions of this Agreement the company recognizes:

5.1.1The Union as the collective bargaining representative of the Employees who are Union members.

5.1.2The Union’s officials for the purpose of consulting and presentation in terms of this Agreement on behalf of the Employees who are Union members.

5.2The company’s recognition of the Union at any one of the company’s units shall be subject to the Union satisfying the company that the number of Union members from amongst the total number of Employees, is equal to and not less than 20% of the total number of the company’s Employees.

5.3Where the Union membership level as a group decreases to less than 20%, then the company shall inform the Union in writing of this fact.

5.4This notice shall further state that the Union has 30(thirty) days from the date of receipt to rectify the matter.

5.5In case of employees who are Union members at a Union covered by the scope of this Agreement and who are excluded from the Bargaining unit, the following shall apply:

5.5.1such employees may choose to be represented by shop stewards and, where applicable, Union officials in terms of the provisions of agreed procedures;

5.5.2Such Employees shall not be included in substantive negotiations conducted in terms of the negotiating procedure contained in this Agreement;

5.5.3Such Employees may not be elected as shop stewards in terms of this Agreement.

6.UNION SUBSCRIPTIONS

6.1Each unit covered by the scope of this Agreement shall deduct Union subscriptions on a monthly basis from the remuneration of Union members provided that:-

6.1.1To authorize such stop order deductions, either the Union or the Employee shall supply the company with a signed stop order from, a sample of which the Union shall make available to the company as soon as possible.

6.1.2The company shall further have the right, in the presence of a shop steward, to validate the signature of the Employee detailed on the stop order from supplied.

6.1.3A Union member may at any time, in writing, cancel a stop order, such cancellation shall become effective in the applicable pay period 30(thirty) days following the day on which the written cancellation of the stop order is received by the company.

6.1.4The units covered by this scope of this Agreement shall respectively remit to the Union monthly the amount of Union subscriptions deductions that have been made, not later than the 7th day of the calendar month following the month in which deductions where made.

6.1.5Where the respective unit(s) fails to deduct such subscriptions, the unit shall, in consultation with the effective Employee(s), make the necessary deduction as soon as possible after the non-deduction is discovered.

7.ACCESS BY UNION OFFICIALS

7.1Generel provisions

7.1.1When the Union has not less than 20% of the total number of Employees failing within the Bargain unit not the company, then the company agrees that Union officials shall have access to that Hotel’s premises subject to the provisions of this Article.

7.1.2Before access is sought in terms of this Article, Union officials shall request access by contacting the Human Resources Manager of the unit in advance of any intended access.

7.1.3The unit concerned shall provide a suitable venue wherein meetings may be conducted without disruption to the Union’s business or the operations of the unit.

7.1.4Union officials shall confine themselves to the venue provided by the unit.

7.1.6The Union undertakes to ensure that the unit’s operations are not in any way disrupted by access granted in terms of this premises.

7.1.7During any general meeting the services of the unit will be covered by a skeleton staff as determined by Management in consultation with shop stewards.

7.1.8Management shall make every endeavor to see that as many Employees from the Bargaining unit as possible, subject to operational minimum requirements, are released to attend such meetings.

7.1.9Where, at the end of any general meeting the business of such meeting has not been concluded, then the Union official concerned shall liaise with the General Manager of the company to mutually agree date and time for the meeting to be rescheduled.

7.2Access for Shop Steward Elections

Union officials shall have access to respective unit’s premises subject to the provisions of this Article and the term of this Agreement.

8.DISPLAY/DISTRIBUTION OF UNION LITERATURE

The Union shall be allowed to display/distribute Union Literature, at such unit provided that the display of literature on the Notice Board of the unit shall receive the approval of the General or whoever is acting in his absence prior to such Union Literature being displayed. The Company stamp shall if available be affixed to such Union literature thereby indicating approval.

9.SHOP STEWARDS

9.1Shop Stewards-Recognition

When the Union can satisfy the company that it has members not less than 20% (twenty percent) of the total number of Employees failing within the Bargaining Unit at a company level, that the company shall recognize the rights of duly elected shop stewards of the Union to represent Union members in accordance with this Agreement.

9.2Shop Stewards-Numbers and Constituencies

The numbers of constituencies and shop stewards in each Hotel will be agreed between the parties upon verification of the Union proving representativeness in terms of Article 9.1 above.

9.3Shop Stewards-Elections

9.3.1Shop stewards shall be elected by secret ballot from amongst the Union Members in the Bargaining unit in each of the constituencies in the respective Hotel and in accordance with the Union’s constitution and the provisions of this Agreement.

9.3.2No Union member shall be eligible for election as a shop steward unless he has completed a minimum of 6(six) months’ continues permanent employment and is a member of the constituency he would represent.

9.3.3Such elections shall be held on the respective unit(s)’ premises during working hours on such date, time and using such venue as shall be mutually agreed between the Union and the unit Management.

9.3.4On completion of any election the Union shall, within 14(fourteen) days, notify the respective unit in writing of the names of those elected.

9.4Establishment of a shop stewards committee

Within 5(five) days of their election the shop stewards at the respective unit(s) shall form themselves into a unit-level shop stewards committee.

9.5Shop Stewards-Term of Office

9.5.1Shop stewards shall be elected for a term of office for 2(two) years provided that they shall hold office until a further election has been held, which further period shall not exceed 1(one) year.

9.5.2Whenever a shop steward vacates his position during his/her term of office, a by-election shall be held. The shop stewards so elected shall be subject to the same conditions and will hold office for the unexpired term of office of his predecessor.

9.6Shop Stewards- Vacation of Office

A shop steward shall vacate his office in any one of the following circumstances:-

9.6.1expiry of the period for which he was elected;

9.6.2his resignation as a shop stewards;

9.6.3termination of his employment with the company

9.6.4on being promoted to a position outside the Bargaining unit at the respective Hotel;

9.6.5Termination of his appointment by the Union for any reason contemplated in the Union’s constitution provided that such termination is communicated to the respective unit in writing.

9.7Shop Stewards- Right and Duties

9.7.1The company agrees that, subject to the terms of this Agreement, shop stewards have the right to pursue the aims and objectives and carry out any duties prescribed in the Union’s constitution.

9.7.2Shop stewards shall, during their normal hours, be entitled to represent Union members in terms of this Agreement, without loss of pay or fear of victimization, provided that they obtain the permission from their respective Department Manager/Supervisor to absenting themselves from their workstation;

9.7.3Shop stewards shall be entitled to hold meetings amongst themselves and with Union members on the respective Unit’s premises subject to the terms of this Agreement.

9.7.4Each respective unit shall provide a suitable venue wherein any meeting of shop stewards or report-back meeting with Employees, in terms of this Agreement, can be conducted with minimal disruption to the shop steward’s business and the operation of the unit.

9.8Shop Stewards- Paid Level of Absence

9.8.1.2The company shall grant shop stewards up to 12(Twelve) working days paid leave of absence per year in order to permit shop stewards to attend courses organized by the Union. The paid leave will be non-cumulative but will be in addition to the normal leave entitlement which shop stewards accrue in terms of his contract of employment.

9.8.1.3Should the parties, in any year, mutually agree to any shop stewards being absent for longer than the period referred to in Article 9.8.1.2 above in order to attend courses organized by the Union, then the shop stewards shall apply for annual leave days remaining, Management may in their absolute discretion grant additional days not being more than 5 working days.

9.8.1.4Application for the release of shop stewards to attend courses organized by the Union shall be made by the Union, in writing to Hotel Manager, not less than 7(seven) working days prior to the commencement of any such course.

9.8.1.5Any period of paid leave of absence which may be granted shall reduce the entitlement to paid leave of absence in terms of Article 9.8.1.2

10.SHOP STEWARDS AND MANAGEMENT MEETING PROCEDURE

Once a shop stewards committee has been established in the respective unit(s) then a regular shop stewards and management meeting shall be established in terms of this Article 10.

10.1FREQUENCY OF MEETINGS

10.1.1Meetings between the unit shop stewards committee and Management shall where necessary take place monthly.

10.1.2Urgent meetings may be requested by either party provided that the parties mutually agree that the matter is urgent and cannot await the next normal meeting referred to in Article 10.1.1 above, then an urgent meeting shall be convened.

10.2REPRESENTATION

10.2.1The parties shall be represented at the shop stewards and management meeting by company representatives and Union representatives made up of the r

10.3Exclusions

The parties shall not use the shop stewards and management meeting to

10.3.1Discuss individual problems for there in already an exhaustive Grievance procedure and such meetings are not for grievances unless the Grievance procedure has been exhausted.

10.3.2 discuss problems or issues which do not relate to the company;

10.3.3amend or change any of the conditions of employment or perform any of the functions which fall within the scope of the collective Bargaining procedure contained in Article 11 of this Agreement,

11.COLLECTIVE BARGAINING PROCEDURE

11.1Undertaking to Negotiation

As long as the Union can satisfy the company that it has members not less than 20% (twenty percentage) of the total number of Employees failing within the Bargaining unit in more than one of the company’s units, then a Negotiating Committee (NC) for the Hotel shall operate in terms of this Article 11. The following issues shall be discussed at NC Meetings:

11.1.1amendments to the conditions of Employment applicable to Employees covered by the scope of this Agreement;

11.1.2rulings and interpretations regarding the application of conditions of Employment and this Agreement;

11.1.3any common dispute or deadlock that arises at the unit covered by the scope of this Agreement and which is referred to the NC; and

11.1.4any other items which the parties mutually agree to the subject to collective Bargaining such as changes to specific working conditions, issues which do not directly affect the working conditions, issues which do not directly affect the working relationship but where joint action could be taken;

11.2Representation

The parties shall be represented at the NC by company representatives and Union representatives made up of all shop stewards from the unit covered by the scope of this Agreement.

11.3Inability to Reach Agreement

In the event of the parties failing to reach agreement then either party may declare a dispute over the issue(s). The notice of dispute shall be given in writing to the other party and the matter shall thereafter be dealt with in terms of the Dispute procedure stipulated in Article 12 of this Agreement.

12.DISPUTE PROCEDURE

12.1Declaration of a Dispute

12.1.1In any unit covered by the scope of this Agreement, where the provisions of any procedure relating to meetings are exhausted and the parties have failed to reach an agreement, the aggrieved party may declare a dispute in terms of this Article 12

12.1.2The declaration of a dispute shall be submitted to the other party, in writing, and shall detail the issue(s) giving rise to the dispute and the proposed terms of settlement.

12.1.3The party receiving the dispute declaration shall, within 7 (seven) calendar days of receipt thereof, notify the other party, in writing, of its response to the dispute declaration including any proposed remedies, suggested alternatives and proposed terms of settlement.

12.2Levels of Dispute

A dispute on an issue(s) in an individual unit shall be handled at the National Negotiation Committee (NNC)

The parties shall convene a dispute meeting, at the appropriate level, within 7(seven) calendar days of the response, being received by the party which declared the dispute.

By mutual agreement between the parties the time period referred to above may be varied and additional dispute meetings may be held.

The purpose of the dispute meeting shall be for the parties to attempt to resolve the dispute

If the parties fail to resolve the dispute, at one or more dispute meetings maximum of three, then they shall mutually agree the option to be adopted in attending to resolve the dispute.

12.4Voluntary to Dispute Options Resolve

Before considering the statutory options available the parties may mutually agree to adopt a voluntary option in order to attempt to resolve the dispute.

12.4.1Negotiation

Continuation of negotiations in which case the options to resolve dispute shall be reconsidered by the parties should such negotiations fail to resolve the dispute

12.4.2Voluntary mediation

If the dispute is unresolved, the parties may refer the dispute to the Arbitrator or apply or refer to the industrial Relations court for determination.

12.5Statutory Options To Resolve Disputes

If the parties do not adopt one of the voluntary options above, or if voluntary option is adopted and has failed, then the Dispute procedure in Part V of the Labour Relations Act shall come into effect

13.PROCEDURAL/UNPROCEDURAL INDUSTRIAL ACTION

The following are the General Provisions Relating to Procedure/unprocedural Industrial Action

13.1The parties agree that they shall not call for or take part in any form of industrial action unless The Dispute Procedure in Article 12 inclusive above has been fully adhered to and exhausted.

13.2The parties agree that where a matter is in dispute or alternatively where any form of industrial action is being undertaken then:-

13.2.1The Union, Union officials, Union office bearers and Union members will not obstruct, disrupt, assault or intimidate the general public, guests, non-participant Employees/Management, suppliers, and/ or Employees.

13.2.1Management will not assault, victimize or intimidate Union members.

13.3Procedural Industrial Action

13.3.1Procedural Industrial Action by the Union

13.3.1.1Industrial action undertaken after compliance with Sections 45, 46 and section 47 of the Labour Relations Act and Article 13 of this Agreement shall be procedural industrial action and shall be subject to the following provisions:

13.3.1.2The Union undertakes not to commence industrial action and to hold itself available for a period of a minimum of 48(forty-eight) hours from the serving of notice. This will allow the parties to meet in order to endeavor to settle the dispute and thereby prevent industrial action.

13.3.1.3In the event of procedural action being undertaken in compliance with the provisions of this Agreement, then no civil legal proceedings will be brought by either party against the other party.

13.4Unprocedural Industrial Action

13.4.1Both parties agree to make every endeavor to bring to an end any unprocedural industrial action which occurs.

13.4.2Industrial action undertaken without adherence to Articles 13.1.1 and 13.1.2 above shall be subject to the following provisions:

13.4.3The company undertakes not to terminate the employment of Employees for breach of their conditions of employment for participation in unprocedural industrial action, for a period of 24 (twenty-four) hours from the commencement of any such unprocedural industrial action provided that this undertaking shall not apply:-

13.4.3.1to any breach of company Rules and Regulations for which disciplinary action will normally be taken;

13.4.3.2The party undertaking such unprocedural industrial action having made available its officials/representatives to endeavor to resolve the unprocedural industrial action within 12(twelve) hours of this commencement.

13.4.3.3In the event that company assets or guests are threatened both parties agree that the company is entitled to take any steps it may seem necessary to safeguard and secure both assets and guests.

14.GENERAL PROVISION

14.1Any amendment to the Union’s registration or constitution made after the signing of this Agreement shall be communicated to the company, by the Union’s Executive committee in writing and by registered post within 30(thirty) days of such amendment coming into force.

14.2Where any amendment referred to in Article 14.1 above has or may have a material bearing on this Agreement either party may convene a meeting to re-negotiate this Agreement.

14.3No relaxation or indulgence which by one party may grant to the other party shall constitute a waiver by the former of any of its rights under this Agreement unless such relaxation or indulgence is reduced to writing and signed for by the parties;

14.4Neither party shall be deemed to have waived any pre-existing rights in terms of law due to the provisions of this Agreement.

15.DURATION AND TERMINATION OF AGREEMENT

15.1This Agreement shall come into force upon the signature of the last to sign of the parties and shall remain in force for a period up to such time as:

15.1.1the expiration without rectification of a notice given under this Agreement;

15.1.2either the company or the Union is in material breach of this Agreement and has failed within 10 (ten) days of receiving written notice thereof to rectify such breach/action;

15.1.3If the Company is satisfied that the Union does not represent 20% of the employees of the Company, and after it has given the Union 30 days’ notice to rectify such failing, after which this agreement may be terminated.

15.1.4The parties may re-negotiate all or part of this Agreement. Amendments to all or any part of this Agreement shall not be effective unless reduced to writing and signed for by the parties.

16.DOMICILIUM AND NOTICES

16.1For the purpose of this Agreement, including the giving of notices and the serving of legal process, the Company and the Union choose domicile citandi at executandi (domicilium as follows:

The Company: Blantyre Hotels Limited

2 Hanover Street

P.O. Box 21

BLANTYRE

Malawi

The Union: Hotels Food Processing and Catering

Workers Union

P.O. Box 1348

BLANTYRE

16.2Either party may at any time change its address by notice in writing provided that the new domicilium is or includes a physical address at which process can be served. The new domicile shall become effective 10 (ten) days after the giving of the said notice.

16.3Unless otherwise provided for in this Agreement, any notice given in connection with this Agreement shall be delivered by hand or be sent by prepaid registered post or be sent by email to the domicililium chosen by the Company or the Union.

This Agreement having been agreed shall come into force with the signing hereof by both parties.

SIGNED FOR AND ON BEHALF OF BLANTYRE HOTELS LIMITED:..............................................

POSITION:.................................................................................................

DATE:........................................................................................................

SIGNATURE OF WITNESS:....................................................................

ADDRESS:................................................................................................

OCCUPATION:........................................................................................

SIGNED FOR AND ON BEHALF OF HOTEL FOOD AND CATERING WORKERS UNION:.....................................................

POSITION:...............................................................................................

DATE:......................................................................................................

SIGNATURE OF WITNESS:.................................................................

ADDRESS:.............................................................................................

OCCUPATION:.....................................................................................

ANNEXURE A

Under Clauses 2 and 3.3.1

Hotel Manager

Finance and Administration Manager

Operations Manager

Food & Beverage Manager

Front Office Manager

House Keeping Manager

Head Chef

personnel Officer

Hotel Manager’s Secretary

Chief Accountant

Stock Controller

Restaurant Manager

Maintenance Manager

Banqueting Manager

Sales Executive

ANNEXURE B