RECOGNITION AGREEMENT BETWEEN SUNBIRD TOURISM LIMITED AND THE HOTEL FOOD PROCESSING AND CATERING WORKERS UNION

1. AGREEMENT

This Recognition and Procedural Agreement (hereinafter referred to as "this Agreement") is entered into

BETWEEN

SUNBIRD TOURISM LIMITED (hereinafter referred to as "the Company")

AND

THE HOTEL FOOD PROCESSING AND CATERING WORKERS UNION (hereinafter referred to as "the Union").

2. DEFINITIONS

Any words used in this Agreement or any subsequent Supplementary Agreements, Procedures or Practices agreed between the parties which imply the masculine gender shall include the feminine gender and any reference to the singular shall include the plural and vice versa, unless the subject of context indicates otherwise.

"Act"

shall mean the Labour Relations Act 1996, as amended from time to time.

"Agreement"

shall mean this Recognition and Procedural Agreement including any subsequent supplementary agreements, procedures or practices agreed between the parties.

"Bargaining Unit"

shall mean the grouping of Employees, as defined, who shall fall within the job positions in the respective Hotels covered by the scope of this Agreement and for which recognition is granted in terms of Section 6 of this Agreement.

"Temporary/Casual Workers"

Employees who are not permanently hired but are hired for limited periods of time to meet short-term work conditions.

"Company"

shall mean the SUNBIRD TOURISM LIMITED in respect of its operations carrying on business within Malawi.

"Company Representative"

shall mean a person or persons nominated by the Company to represent its interests in dealings with the Union.

"Conditions of Employment"

shall, in terms of this Agreement, mean the conditions of employment which are applicable in the Company from time to time.

"Constitution"

shall mean the Constitution of the Union which is in the possession of the Company at the date of signature of this Agreement, together with any amendments thereto, of which the Company has received written notification from the Union.

"Constituency"

shall mean a Department or a grouping of Departments within the respective Hotels covered by the scope of this Agreement and as set out in Section 10.2 below in which Employees shall be represented by a Shop Steward of the respective Hotel.

“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.

"Department"

shall mean an operating unit within the respective Hotel and which shall include but not be restricted to the following:

Administration and General Department

Food and Beverage Department

Front Office Department

Housekeeping Department

Maintenance Department

Marketing Department

Security Department

"Department Manager or Supervisor"

shall mean 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.

"Dispute"

shall mean any dispute or difference between an employer and employees or a Trade Union, 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.

"Employee"

A person who offers his or her services under an oral or written contract of employment. For the purposes of this Agreement, an employee shall not include any member of Senior Management as defined in Annexure A, a casual employee, a fixed term employee or a part-time employee.

"Hotel Manager"

shall mean a person so appointed at a Company Hotel or his deputy in his absence. The term may change from time to time.

"Hotel"

shall mean an operating unit of the Company providing accommodation and further as contemplated under Section 3 of this Agreement.

"Industrial Action"

shall mean but not be limited to a strike, lock-out, walk-out, sit-in, work-stoppage, picketing, overtime ban, go-slow, work-to-rule, 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.

"Management"

shall mean 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.

“Negotiation”

means trying to reach agreement by discussion and bargaining, in the expectation that agreement will be reached.

"Procedural Industrial Action"

shall mean the taking of any industrial action, as defined, 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 Section 13 and the terms of Section 14 - Procedural Industrial Action, of this Agreement.

"Premises" or "Property"

shall mean any moveable or immoveable property belonging to or under the control of the Company at the Hotels controlled by the Company, and includes staff accommodation.

“Recognition”

shall mean the recognition of the Union by the employer for purposes of collective bargaining.

"Shop Steward"

shall mean an Employee who forms part of the bargaining unit as defined and who is a member of the Union, who is elected in terms of the Union's Constitution and this Agreement and is recognised in terms of this Agreement to carry out the functions, duties and responsibilities of a Shop Steward, as set out in Section 10 of this Agreement.

The word ‘Shop Steward’ shall be used interchangeably with the word Union Representative.

"Union"

shall mean the Hotel Food Processing and Catering Workers Union being a legal body corporate.

"Union Literature"

shall mean 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.

"Union Member"

shall mean any Employee, as defined, who has chosen to join the Union and who is a paid up member of the Union in terms of its Constitution, as evidenced by the submission to the Company of a Stop Order Form for the deduction of Union membership subscriptions in terms of this Agreement.

"Union Official"

shall mean a representative of the Union, who has been designated and authorised by the Union to act as an Union Official.

"Unit"

shall mean any of the Hotels and related businesses being run by the Company.

3. SCOPE

3.2 Units Included in the Scope

3.2.1 For the purposes of this Agreement and any supplementary agreements concluded between the parties, the Units included in the Scope of this Agreement are:

3.2.1.1 Sunbird Mzuzu - Mzuzu

3.2.1.2 Sunbird Lilongwe - Lilongwe

3.2.1.3 Sunbird Capital - Lilongwe

3.2.1.4 Sunbird Livingstonia Beach - Salima

3.2.1.5 Sunbird Nkopola - Mangochi

3.2.1.6 Sunbird Ku Chawe - Zomba

3.2.1.7 Sunbird Mount Soche - Blantyre

3.2.2 The Hotels included in the scope of the Agreement are those where:

3.2.2.1 the Company holds a majority controlling interest in the business; and

3.2.2.2 the Union has 20% majority representation.

4.OBJECTIVE

The objective of this Agreement is to establish an effective and co-operative working relationship between the Union and the Company for the promotion of effective productivity and industrial peace.

5.GENERAL PRINCIPLES

5.1 The Company recognises the need for employees to be represented by representatives of their choice who will represent their interests and work for improved conditions of employment and work according to the Union’s policies for the employees covered by this Agreement.

5.2 The Union recognises Management’s responsibility to plan, organise and manage the activities of the Company.

5.3 The Company and the Union recognise their interdependence and agree that matters affecting their interests shall be considered jointly both by consultation and by negotiation as provided for in this Agreement.

5.4 The Company shall grant recognition to the Union subject to the provisions of Section 6.2 below.

5.5 The 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 and negotiation, thereby striving towards creating and maintaining industrial peace, job security and fair standards with regard to work performance and behaviour.

5.6 The parties agree that they shall neither victimise, intimidate nor discriminate against Employees in any manner whatsoever on the grounds of race, sex, colour, nationality, religion or union membership.

5.7 In the event of either party alleging non-compliance or unreasonableness on the part of a representative(s) of the other party in terms of the provisions, spirit and/or intent of this Recognition and Procedural Agreement, then:-

5.7.1 the offended party shall, within 5 (five) days of the alleged non-compliance or unreasonableness, initiate a meeting of the National Negotiating Committee (hereinafter referred to as the "NCC").

5.7.2 at such meeting the parties shall undertake to endeavour by every means possible to resolve such allegation(s).

5.7.3 if the matter is not resolved after such meeting, or if such meeting does not take place, then the provisions of Section 13 below may be invoked.

5.8 It is implicit in the spirit and intent of this Agreement that existing employment practices not specifically referred to in any subsequent Supplementary Agreement on wages and conditions of employment will continue to be in force and effect.

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

5.10 Both 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 recognise that they shall be bound and obligated by the terms and conditions of this Agreement, subject to statutory common law restrictions, and acknowledge that this Agreement may be enforced in law.

5.11 The Union agrees that:

5.11.1 Management has the right to manage the Company's affairs in the best interests of its shareholders and Employees;

5.11.2 The Company has the right to communicate and/or consult with individual Employees, groups of Employees and/or their representatives;

5.11.3 The 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 recognised Union’s right to communicate with their members.

5.11.4 It is duly authorised to represent and bind its members to this Agreement and any further agreements reached with the Company from time to time.

5.11.5 In 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

5.12 The Company agrees that:

5.12.1 The Union has the right to manage and conduct its own affairs in accordance with its Constitution and policies subject to the terms of this Agreement;

5.12.2 The Union may communicate and/or consult with individual Employees, groups of Employees and/or their representatives in terms of this Agreement;

5.13 Any Section headings or sub-headings listed in this Agreement have been included for ease of reference and should not be used for interpretation purposes.

6. RECOGNITION

6.1 Subject to provisions of this Agreement the Company recognises:-

6.1.1 The Union as the collective bargaining representative of Employees employed in the bargaining unit at Units covered by the scope of this Agreement; and

6.1.2 The Union's officials for the purpose of consultation and representation in terms of this Agreement on behalf of Employees who are members of the Union.

6.2 The 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 employed as a Group, is equal to and not less than 20% of the total number of employees.

6.3 Where the Union membership level as a Group decreases to less than 20%, then the Company shall inform the Union in writing of this fact.

6.4 This notice shall further state that the Union has 30 (thirty) days from the date of receipt to rectify the matter. Failure to rectify by the Union shall result in the Company rescinding the respective level of recognition at the affected Hotel.

6.5 In the case of Employees who are Union members at a Unit covered by the scope of this Agreement, and who are excluded from the bargaining unit, the following shall apply:-

6.5.1 Such Employees may choose to be represented by Shop Stewards and, where applicable, Union officials in terms of the provisions of agreed Procedures;

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

6.5.3 Such Employees may not be elected as a Shop Stewards in terms of this Agreement.

7. UNION SUBSCRIPTIONS

7.1 Each Unit covered by the scope of this Agreement shall, subject to the provisions of Section 6.3 above, deduct Union subscriptions on a monthly or weekly basis, whichever is applicable, from the remuneration of Union members covered by the scope of this Agreement, provided that:-

7.1.1 To authorise such stop order deductions, either the Union or the Employee shall supply the Company with a signed stop order form, a sample of which the Union shall make available to the Company as soon as possible.

7.1.2 The 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 form supplied.

7.1.3 A Union member may at any time, in writing, cancel a stop order deduction. 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 deduction is received by the Company.

7.1.4 The Units covered by the scope of this Agreement shall respectively remit to the Union monthly the amount of Union subscriptions deducted together with a record of those employees from whom deductions have been made, not later than the 14th day of the calendar month following the month in which deductions were made.

7.1.5 The record referred to in Section 7.1.4 above shall be the means of determining the Union's representatives on an ongoing basis.

7.1.6 The Union's Executive Committee shall inform the Company, in writing and by registered post in advance of any variation in Union subscription rates.

7.1.7 The amended Union subscription rate referred to in Section 7.1.6 above shall become effective in the pay period 30 (thirty) days following the day on which the Company receives the written notice of variation of Union subscription rates.

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

7.1.9 Each Unit shall charge a 2% administration fee on subscriptions collected on behalf of the Union. This fee is subject to review on agreement of both parties.

8. ACCESS BY UNION OFFICIALS

8.1 General Provisions Governing Access

8.1.1 When the Union has not less than 20% of the total number of Employees falling within the bargaining Unit of the company, then the Company agrees that Union officials shall have access to that Hotel's premises subject to the provisions of this Section.

8.1.2 Before access is sought in terms of this Section, Union Officials shall request access by contacting the Human Resources Manager of the Unit in advance of any intended access.

8.1.3 The respective Unit shall provide a suitable venue wherein meetings may be conducted without disruption to the Union's business or the operations of the Unit.

8.1.4 Union officials shall confine themselves to the venue provided by the Unit.

8.1.5 Union officials shall comply/adhere to the security, health and safety rules and regulations of the Unit whilst on the Unit's premises.

8.1.6 The Union undertakes to ensure that the Unit's operations are not in any way disrupted by access granted in terms of this Section.

8.1.7 During any general meeting the services of the Unit will be covered by a skeleton staff as determined by Management in consultation with Shop Stewards.

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

8.1.9 Where, 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 Human Resources Manager to mutually agree a date and time for the meeting to be rescheduled.

8.2 Access for Shop Steward Elections: Union officials shall have access to respective Unit's premises subject to the provisions of this Section and the terms of this Recognition and Procedural Agreement.

9. DISPLAY/DISTRIBUTION OF UNION LITERATURE

9.1 The Union shall be allowed to display/distribute Union literature, as defined, at such Unit subject to the following:-

9.1.1 The display of Union literature on the Notice Board shall receive the approval of the Human Resources Manager or whoever is acting in his absence prior to such Union literature being displayed, subject to Company stamp being affixed to such Union literature thereby indicating approval.

9.1.3 The wearing on the Unit's premises of Union slogans, stickers or other related forms of communication on the person or belongings of any Employee during normal hours of work is prohibited.

10. SHOP STEWARDS

10.1 Shop Stewards - Recognition

When the Union can satisfy the Company that it has as members not less than 20% (twenty percent) of the total number of Employees falling within the bargaining unit at a Company level, then the Company shall recognise the rights of duly elected Shop Stewards of the Union to represent Union members in accordance with this Agreement.

10.2 Shop Stewards - Numbers and Constituencies

10.2.1 The numbers of constituencies and Shop Stewards in each Hotel will be agreed between the parties upon verification of the Union proving representivity in terms of Clause 10.1 above.

10.2.2 At the time of the signing of this Agreement, the numbers and Constituencies of Shop Stewards recognised by the Company in each Hotel covered by the scope of the Agreement, subject to Section 10.1 above, are contained in Annexure B.

10.3 Shop Stewards - Elections

10.3.1 Shop 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.

10.3.2 No Union member shall be eligible for election as a Shop Steward unless he/she has completed a minimum of 6 (six) months' continuous permanent employment and is a member of the Constituency he/she would represent.

10.3.3 Such 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.

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

10.4 Establishment 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.

10.5 Co-ordinating Shop Steward - Election

10.5.1 On establishment of a Unit-level Shop Stewards Committee in terms of Section 10.4 above the Shop Stewards shall, from amongst themselves, elect a Co-ordinating Shop Steward who shall have overall responsibility for co-ordinating Unit Shop Steward activities at the Unit and shall act as the respective Unit's Shop Steward representative at meetings of the NNC.

10.5.2 The Co-Ordinating Shop Stewards from each Unit shall elect one among themselves to be the National Co-Ordinator Shop Steward and to be the point of contact with Head Office.

10.6 Shop Stewards - Term of Office

10.6.1 Shop Stewards (which term hereinafter includes the Co-ordinating Shop Steward) 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.

10.6.2 Whenever a Shop Steward vacates his/her 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/her predecessor.

10.6.3 Shop Stewards may serve two successive terms and are eligible for re – election after a period of 2 (two) years.

10.7 Shop Steward - Vacation of Office

A Shop Steward shall vacate his/her office in any one of the following circumstances:-

10.7.1 expiry of the period for which he/she was elected;

10.7.2 his/her resignation as a Shop Steward;

10.7.3 termination of his/her employment within the Company;

10.7.4 on being promoted to a position outside the bargaining unit at the respective Hotel;

10.7.5 on ceasing to be a Union member;

10.7.6 termination of his/her 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;

10.7.7 the number of Union members in the bargaining unit at the respective Unit decreasing to less than 20%.

10.8 Shop Steward - Rights and Duties

10.8.1 The 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.

10.8.2 Shop Stewards shall, during their normal working hours, be entitled to represent Union members in terms of this Agreement, without loss of pay or fear of victimisation, provided that:-

10.8.2.1 they obtain the permission of their respective Department Manager/Supervisor to absenting themselves from their workstation;

10.8.3 Shop 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.

10.8.4 Each 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 operations of the Unit.

10.9 Shop Stewards - Paid Leave of Absence

10.9.1.2 The Company shall grant Shop Stewards up to 10 (ten) working days paid leave of absence per year in order to permit Shop Stewards to attend courses organised by the Union.

The paid leave of absence referred to above shall:

(a) be non-accumulative year-on-year; and

(b) be in addition to the normal leave entitlements which the Shop Steward accrues in terms of his/her conditions of employment.

10.9.1.4 Application for the release of Shop Stewards to attend courses organised by the Union shall be made by the Union, in writing to the Hotel Manager of the affected Unit, no later than 7 (seven) working days prior to the commencement of any such course.

10.9.1.5 Any period of paid leave of absence which may be granted shall not reduce the entitlement to paid leave of absence in terms of Section 10.9.1.2 above.

11. SHOP STEWARDS AND MANAGEMENT MEETING PROCEDURE

Once a Shop Steward Committee has been established in the respective Unit(s) then a regular Shop Steward and Management meeting shall be established in terms of this Section 11.

11.1 Frequency of Meetings

11.1.1 Meetings between the Unit Shop Stewards Committee and Management shall normally take place monthly.

11.1.2 Urgent meetings may be requested by either party provided that the parties mutually agree that the matter is urgent and cannot await the next normal monthly meeting referred to in Section 11.1.1 above, then an urgent meeting shall be convened.

11.2 Representation

11.2.1 The parties shall be represented at the Shop Stewards and Management meeting, as follows:

11.2.1.1 Company representatives;

11.2.1.2 Union representatives made up of the respective Unit Shop Stewards from the Unit Shop Stewards Committees.

11.3 Quorum

The quorum at any Unit Shop Stewards and Management Meeting shall be a minimum of 2 (two) representatives respectively from each party.

11.4 Report Back to Employees

At the end of any Shop Steward and Management meeting the representatives;

11.4.1 Shall mutually agree the date, time and venue for a report-back general meeting.

11.4.2 In such circumstances the representatives shall also mutually agree those Employees who will not attend the report-back general meeting but will remain on duty in order to maintain the services of the Unit.

11.4.3 The parties acknowledge that normally no more than 1 (one) such report-back general meeting will be conducted during a month.

11.4.4 Where, at the end of any report-back general meeting, the business of such meeting has not been concluded, then the Co-ordinating Shop Steward or a Shop Steward in his/her absence shall liaise with the Unit Hotel Manager in order to mutually agree the date and time for the meeting to be rescheduled.

11.5 Exclusions

The parties shall not use the Shop Stewards and Management meetings to:

11.5.1 discuss individual problems for there is already an exhaustive Grievance Procedure and such meetings are not for grievances unless the Grievance Procedure has been exhausted; or

11.5.2 discuss problems or issues which do not relate to the Company; or

11.5.3 amend 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 this Agreement.

12. COLLECTIVE BARGAINING PROCEDURE

12.1 Undertaking to Negotiate

As long as the Union can satisfy the Company that it has as members not less than 20% (twenty percent) of the total number of Employees falling within the bargaining unit in more than one of the Company's Units, then a National Negotiating Committee (NNC) for such Hotels shall operate in terms of this Section 12.

The following issues shall be discussed at NNC Meetings:

12.1.1 amendments to the Conditions of Employment applicable to Employees covered by the scope of this Agreement;

12.1.2 rulings and interpretations regarding the application of Conditions of Employment and this Agreement;

12.1.3 any dispute which may arise within the NNC;

12.1.4 any common dispute or deadlock that arises at more than one Unit covered by the scope of this Agreement and which is referred to the NNC; and

12.1.5 any other items which the parties mutually agree to be subject to collective bargaining such as changes to specific working conditions, issues which do not directly affect the working relationship but where joint action could be taken etc:-

12.2 Representation

12.2.1 The parties shall be represented at the NNC as follows:

12.2.1.1 Company representatives who are not more than the number of co-ordinating Shop Stewards.

12.2.1.2 Union representatives made up as follows:

1 (one) Co-ordinating Shop Steward from each Unit covered by the scope of this Agreement or his duly appointed representative Shop Steward.

12.2. In the event of the absence of a representative of either party then such party shall be entitled to use an alternate, should this be believed to be necessary.

12.3 Arrangements for Co-ordinating Shop Stewards to Attend NNC Meetings

12.3.1 The Union shall provide the Company with a list of the Union's delegates, no later than 7 (seven) days before any meeting of the NNC.

The cost of travelling shall be to the account of the Company.

Co-ordinating Shop Stewards from Units situated in the area where the meeting is taking place only be released for the scheduled days of the meetings.

12.3.2 Co-ordinating Shop Stewards shall be paid for all normal working hours during such periods of absence while attending NNC meetings.

12.3.3 Leave of absence to attend any NNC meeting shall not be debited against any leave entitlement of the affected Co-ordinating Shop Steward nor shall such Co-ordinating Shop Steward be required to work in time for the leave of absence period.

12.3.4 Subject to 7 (seven) working day's notice being given by the Union to the Unit Hotel Manager of the Company's Unit where the NNC meeting is scheduled to be held, then:-

12.3.5.1 the Company shall provide and pay for accommodation for the Union's representatives from other units.

12.3.5.2 provided Union members attending NNC meetings utilise staff canteen facilities at the Unit where the meeting is taking place, then all meals taken by the Union's representatives shall be to the account of the Company.

12.3.5.3 any expenses incurred by the Union and/or its representatives, other than accommodation, meals and transport, shall not be to the account of the Company.

12.3.5.4 accommodation provided by the Company in terms of this Clause 12.3.5.1 shall be subject to the Shop Stewards observing and adhering to the normal rules and regulations and policies as govern all employees during the time such accommodation is provided.

12.3.5.5 The Company shall be responsible for the cost of one Union Meeting per quarter plus one Wage Negotiation Meeting per year and any adjournments thereof.

The cost of any additional meetings which are not the quarterly meetings or Wage Negotiation Meetings or any adjournments thereof shall be borne equally by the parties unless the Company shall exercise its discretion in favour of bearing the cost of such additional meetings.

12.4 Procedure for Meetings

12.4.1 Notwithstanding any other meetings of the NNC which may be convened from time to time, the NNC shall meet at least once per year, normally commencing in January, for wage negotiations for employees who fall within the bargaining unit as defined.

Any additional meetings shall be arranged by mutual agreement between the parties. Where necessary one additional day will be allowed for caucusing before the meeting.

12.4.2 To initiate a meeting a party shall normally give to the other party at least 21 (twenty-one) working days notice, in writing. The notice shall detail the issue(s) for inclusion on the agenda.

12.4.3 Any agreement entered into shall be in writing and will be signed by both parties in a like manner to that used in Section 18 of this Agreement.

Such agreements shall be binding for the period agreed to by both parties or until such time that agreement is reached on any amendments and such agreement is signed by representatives of both parties.

12.6 Report-Back to Employees

12.6.1 After each round of negotiations between the parties the Shop Stewards Committee of each respective Unit shall be entitled to report back to Employees of the Unit subject to the following:

12.6.1.1 prior notification being given to the Hotel Manager of the respective Unit of the date and time of the report-back meeting;

12.6.1.2 Shop Stewards and Employees confining themselves to the venue provided by the respective Unit;

12.6.2 Where, at the end of any report-back general meeting, the business of such meeting has not been concluded, then the Union official and/or Shop Stewards representative shall liaise with the Hotel Manager of the respective Unit in order to mutually agree the date and time for the meeting to be rescheduled.

12.6.3 The Company shall have the right, after 2 (two) days of any NNC meeting, to communicate with Employees on the issues being negotiated.

12.7 Exclusion

12.7.1 NNC meetings convened to collectively bargain issues shall not concern matters which form part of the functions of the Unit-level Shop Steward Committee and Management meeting structure or any procedure unless such issue(s) has/have been referred to it.

12.8 Inability to Reach Agreement

12.8.1 In the event of the parties failing to reach agreement then either party may declare a dispute over the issue(s).

12.8.2 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 Section 13 of this Agreement.

13. DISPUTE PROCEDURE

13.1 Declaration of a Dispute

13.1.1 In any Unit covered by the scope of this Agreement, where the provisions of any procedure relating to meetings are exhausted or where, in the NNC, the parties fail to reach agreement on any matter, the aggrieved party may declare a dispute in terms of this Section 13.

13.1.2 The 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.

13.1.3 The 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.

13.2 Levels of Dispute

Declared disputes shall be handled in terms of this Section 13, at the appropriate level, as follows

13.2.1 Hotel Level

13.2.1.1 A dispute on an issue(s) in an individual Unit shall be handled at the Unit level.

13.2.2 National Level

13.2.2.1 Where a dispute is declared on a common issue(s) affecting more than 1 (one) Unit covered by the scope of this Agreement, or a dispute is declared at the NNC, the dispute shall be handled at the NNC level.

13.3 Dispute Meeting

13.3.1 The parties shall convene a dispute meeting, at the appropriate level, within 7 (seven) calendar days of the response, referred to in Section 13.1.3 above, 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 4 (four) more dispute meetings may be held.

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

13.3.3If the parties fail to resolve the dispute, at one or more dispute meetings, then they shall mutually agree the option to be adopted in attempting to resolve the dispute.

13.4 Voluntary Options to Resolve Disputes

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

13.4.1 Negotiation

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

13.4.2 Voluntary Mediation

Voluntary mediation under the auspices of a mutually agreed mediator;

13.4.3 If the dispute is unresolved, the parties may opt for voluntary arbitration under the auspices of a mutually agreed arbitrator or referral to the Industrial Court.

13.5 Statutory Options to Resolve Disputes

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

14. PROCEDURAL/UNPROCEDURAL INDUSTRIAL ACTION

14.1 General Provisions Relating to Procedural/Unprocedural Industrial Action

14.1.1 The parties agree that they shall not call for or take part in any form of industrial action unless:-

14.1.1.1 The Dispute Procedure in Section 13.5 above has been fully adhered to and exhausted

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

14.1.2.1 The 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.

14.1.2.2 Management will not assault, victimise or intimidate Union members.

14.2 Procedural Industrial Action

14.2.1 Procedural Industrial Action by the Union

Industrial action undertaken after compliance with Section 45, Section 46 and Section 47 of the Labour Relations Act and 13.1.1 above shall be procedural industrial action and shall be subject to the following provisions:

14.2.1.1 The Union shall conduct a secret ballot of all members of staff from within the bargaining unit.

14.2.1.2 By mutual agreement the secret ballot referred to above may be conducted on the respective Hotel(s)' premises during normal working hours within 5 (five) days of the Union notifying the Company that it wishes to hold such a ballot.

14.2.1.3 Where the secret ballot is to be held on the respective Hotel(s)' premises the Company shall have the right to appoint a person to observe the conducting of the ballot as well as the counting of the votes.

14.2.1.4 Should a secret ballot support the taking of procedural industrial action, then the Union shall notify the Company, in writing, of the outcome of such ballot before procedural industrial action commences.

14.2.1.5 The 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 referred to in Section 14.2.1.4 above.

This will allow the parties to meet in order to endeavour to settle the dispute and thereby prevent industrial action.

14.2.1.6 In 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.

This shall include a prohibition of the institution of civil legal proceedings against any Union member, Union office bearer or Union member in the case of the Union and any Employee from outside of the bargaining unit, retainee, supervisor, member of Management, Director or Shareholder in the case of the Company.

14.3 Unprocedural Industrial Action

14.3.1 Both parties agree to undertake every endeavour to bring to an end any unprocedural industrial action which occurs.

14.3.2 Industrial action undertaken without adherence to Section 14.1.1 and Section 14.1.2 above shall be unprocedural industrial action and shall be subject to the following provisions:

14.3.3 Neither party's rights in law shall be affected by their endeavours in terms of Section 14.3.1 above and it is recorded that both parties reserve their right to any action they deem necessary where unprocedural industrial action is not brought to an end within 24 (twenty-four) hours of it commencing.

14.3.4 The Company undertakes not to terminate 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:-

14.3.4.1 for any breach of Company Rules and Regulations for which disciplinary action will normally be taken;

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

14.3.4.3 in the event that Company assets or guests are threatened both parties agree that the Company is entitled to take any steps it may deem necessary to safeguard and secure both assets and guests.

15. GENERAL PROVISIONS

15.1 Any 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.

15.2 Where any amendment referred to in Section 15.1 above has or may have a material bearing on this Agreement then either party may convene a meeting to re-negotiate this Agreement in terms of Section 16.1.4 below.

15.3 No relaxation or indulgence which 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 in a like manner to that used in Section 18 below.

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

16. DURATION AND TERMINATION OF AGREEMENT

16.1 This Agreement shall come into force signed by both parties and shall remain in force for a period of three years or until such time as:-

16.1.1 due notice is given in terms of Section 6.4 above as a result of decreasing Union membership;

16.1.2 either the Company or the Union is in material breach of this Agreement or acts contrary to the spirit and intent of this Agreement and has failed within 10 (ten) days of receiving written notice thereof to rectify such breach/action;

16.1.3 If 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.

16.1.4 the parties may re-negotiate all or part of this Agreement. Unless otherwise agreed between the parties, amendments to all or part of this Agreement shall:-

16.1.4.1 not take place earlier than 1 (one) year from the date of signing hereof;

16.1.4.2 take place in terms of collective bargaining procedure;

16.1.4.3not be effective unless reduced to writing and is signed in a like manner to that used in Section 18 below.

17. DOMICILIA AND NOTICES

17.1 For the purpose of this Agreement, including the giving of notices and the serving of legal process, the Company and the Union choose domicilium citandi et executandi (domicilium) as follows:-

the Company:Sunbird Tourism Limited

Mount Soche Hotel

Glyn Jones Road

P O Box 376

BLANTYRE

Malawi

the Union:Hotels Food Processing and Catering Workers Union

Able House

P O Box 1348

BLANTYRE

17.2Either 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 domicilium shall become effective 10 (ten) days after the giving of the said notice.

17.3Unless 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 telex, facsimile, cablegram or telegram to the domicilium chosen by the Company or the Union.

18.ATTESTATION

This Recognition Agreement having been agreed shall come into force with the signing hereof.

SIGNED FOR AND ON BEHALF OF SUNBIRD TOURISM LIMITED

POSITION

DATE

SIGNATURE OF WITNESS

ADDRESS

OCCUPATION

SIGNED FOR AND ON BEHALF OF THE HOTEL FOOD AND CATERING WORKERS UNION

POSITION

DATE

WITNESS

ADDRESS

OCCUPATION

ANNEXURE A

Under Clauses 2 and 3.3.1

Hotel Manager

Food & Beverage Manager

Front Office Manager

Executive Housekeeper

Executive Chef

Security Manager

Human Resources Manager

Hotel Manager’s Secretary

Human Resource Manager’s Secretary

Maintenance Manager

Accountant

ANNEXURE B

HOTEL	CONSTITUENCY	NO. OF SHOP STEWARDS
Sunbird Mzuzu	Administration and Accounts	1
	Kitchen(s), Restaurant and Bar(s)	1
	Front Office, Housekeeping	1
	Maintenance, Gardens, Security, Personnel and Canteen	1
Sunbird Lilongwe	Kitchen(s), Restaurant(s) and Bar(s)	2
	Front Office, Housekeeping	2
	Accounts, Administration	1
	Security, Gardens, and Maintenance	1
Sunbird Capital	Kitchen(s), Restaurant(s) and Bar(s)	2
	Front Office, Housekeeping	2
	Accounts, Administration	1
	Security, Gardens, and Maintenance	2
Sunbird Livingstonia Beach	Kitchen(s), Restaurant(s) and Bar(s)	1
	Front Office, Housekeeping	1
	Accounts, Administration	1
	Security, Gardens, and Maintenance	1
Sunbird Nkopola Lodge	Kitchen(s), Restaurant(s) and Bar(s)	1
	Front Office, Housekeeping	1
	Accounts, Administration	1
	Security, Gardens, and Maintenance	1
Sunbird Ku Chawe	Kitchen(s), Restaurant(s) and Bar(s)	2
	Front Office, Housekeeping	1
	Accounts, Administration	1
	Security, Gardens, and Maintenance	1
Sunbird Mount Soche	Kitchen(s), Restaurant(s) and Bar(s)	2
	Front Office, Housekeeping	2
	Accounts, Administration	1
	Security, Gardens, and Maintenance	2