A growing number of business leaders have echoed the concerns expressed by tourism representative Fantasha Lockington regarding the need for transparency in the formulation of employment laws. The resurgence of these issues, related to the draft Employment Relations Bill, comes two years after SunBiz initially reported similar concerns from business leaders.
Recent amendments to the draft document have heightened apprehension about the manner in which it was prepared, with Lockington criticizing the lack of prior consultation with business owners and their representatives. The current challenge, led by the chief executive of the Fiji Hotel and Tourism Association, has exposed what appears to be an effort to marginalize the voices of business leaders within the Fiji Commerce and Employers Federation.
Lockington revealed, “We received the latest draft Bill unexpectedly on Monday, October 15, complete with new modifications. The entire process should focus on consultation, not merely accepting submissions. It wouldn’t matter if we provided input, as the draft was already complete. They are meant to engage with us for a discussion, but it seems they avoided justifying each change.”
Criticizing the process as unlawful, Lockington has taken a stand more than two years after manufacturer Mike Towler expressed similar concerns. Towler remarked from Australia, “The ministry is the one that has been stalling and deflecting responsibility, not the Fiji Commerce and Employers Federation. If FCEF were the source of the delays, Lockington would not have spoken out about the ministry’s failure to negotiate amendments to the Employment Relations Act. Additionally, the government has not addressed the improper procedures related to the increase in the national minimum wage and sectoral wage council adjustments.”
The Employment Ministry has stated its commitment to facilitating inclusive, good-faith dialogue regarding the review of the Employment Relations Act. Minister Agni Deo Singh emphasized that the ministry has been actively engaging with its tripartite partners—the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress—as part of the review process in alignment with the International Labour Organisation’s Convention 144 on tripartite consultations.
However, Towler dismissed the ministry’s claims. “The Ministry of Employment is the one acting in bad faith, not FCEF,” he contended. Singh and the ministry’s media liaison officer, Elina Vuniwa, were unavailable for comment as they are currently out of the country.
Towler also raised concerns about the ministry’s competency in addressing the proposed Employment Relations Act, advising Singh to distance himself from his previous role in unionism. “Has he forgotten that he is no longer a union representative? He is now a minister and should operate as such. It’s time for him to resign or be removed and replaced with someone capable of fulfilling the responsibilities of a minister rather than acting like a shop steward.”