Ceres Fruit Growers (CFG) and The Food and Allied Workers Union (FAWU) have been engaged in the annual wage negotiations since July 2015. No agreement has been reached despite negotiations, mediation and facilitation. The union has embarked on illegal strike action as of 8 September 2015 at 13:00. The employer has, consequently, exercised its right in terms of the provisions in the Labour Relations Act.
Ceres Fruit Growers, one of the larger employers in the Boland region and responsible for a major contribution to the apple and pear industry, said that the non-stakeholder involvement in wage negotiations was difficult to understand as it continues to protract the strike and scuppers discussions that threaten the livelihoods of CFG employees.
FAWU demands, “that they deserve profit share because “it’s been a good harvest”. Francois Malan, Managing Director of CFG, commented that the lockout notice given to FAWU members and non-members in the bargaining unit, in reaction to their participation in the unprotected strike, confirms that CFG offers an additional bonus, payable by 4 December 2015.
FAWU also further said “the company does not want to negotiate a more “”fair” wage increment deal”. The company replied by saying that CFG has always been committed to further consultation with FAWU and the Shop Steward Committee to reach a mutual agreement. CFG believes that the offer of 7.5% and other increased benefits is fair, given the economic environment in South Africa to ensure a sustainable future for all.
According to Francois Malan, an agreement which contains rules under which peaceful protest action would take place was reached on Tuesday, 15 September 2015 with the help of a commissioner from the CCMA with the Shop Stewards. “We all agreed that talks would continue without damage to property”, he says.
“CFG’s intent is to act in good faith as we hold the well being of all of our staff among our highest goals. We have already conceded and moved our position but we cannot offer more than is sustainable for us to do so.”
“The CCMA Commissioner agreed that our final offer to FAWU was fair and encouraged the Shop Stewards to promote our offer to their membership. Despite this being an illegal strike we agreed that we would not pursue the legality of it which would impact the payout of other benefits and conditions of employment. We further offered to pay the 7.5% increase on the basic wage retrospectively from August 1, 2015 and additionally offered a once-off bonus,” he says.
Ceres Fruit Growers remains under siege as strike violence escalated. A packing material building was set alight and burned down on Wednesday, 16 September 2015 at around 10:30am. Following a statement of support from non-stakeholders, the malicious violence and damage to property by strikers and their supporters at CFG has escalated to crisis proportions, according to Francois Malan.
“Despite numerous, yet failed calls to the police for protection, a deliberately-set fire that was started in our packing material building, was forcibly prevented by stone-throwing protestors from being extinguished. Our building burned to the ground causing millions of Rands worth of damage, as our own fire-fighting team was prevented from assisting.”
FAWU claimed that it was not their members that set the building alight, but CFG can confirm that two of the three CFG employees that were arrested, are fully paid members of FAWU.
“A concrete boundary fence was also destroyed. Burning tyres and continued stoning makes it unsafe to enter or leave our facility. We feel that our town, community and company are under siege and fear for all lives and livelihoods. This cannot continue without irreparable harm,” Francois Malan says.
The operation at CFG has come to a standstill. The strikers have not allowed the rest of the staff to load containers or trucks for clients. The company obtained an interdict on Wednesday afternoon that enforce FAWU and its members to comply with the picketing rules as agreed on Tuesday 15 September 2015. This interdict will help CFG to gain free access to the premises and will help with the load-out of stock.
Reports of threats and intimidation against employees that are currently working and who want to work have been confirmed. This is a very unfortunate situation as the Law allow employees to go on strike or not to participate in strike action.
The company anticipates FAWU’s feedback as agreed at the last negotiations on Tuesday, 15 September 2015.
“Time is against us: the longer this impasse continues, the deeper the rifts in our internal relationships. The longer the strike continues, the bigger the losses for all. We have to find a peaceful and positive resolution.
Our door is always open to talks and to negotiations but not to criminal acts of violence and intimidation,” Francois Malan ends.
