A rising number of business leaders are echoing concerns raised by tourism representative Fantasha Lockington regarding the need for transparency in the formulation of laws impacting the employment sector.
The resurfacing of these concerns ties back to the draft Employment Relations Bill, which has ignited fresh anxiety among industry stakeholders. This comes two years after SunBiz initially reported similar complaints from business leaders about the process. Recent modifications to the draft have heightened suspicions about how it was developed. According to Lockington, the drafting occurred without adequate consultation with business owners or their representatives.
This week’s challenge, raised by the chief executive of the Fiji Hotel and Tourism Association, has exposed an attempt to undermine the voices of business leaders at the Fiji Commerce and Employers Federation. “We received a draft Bill yesterday afternoon (Monday, October 15) with new provisions included without any prior notice,” Lockington stated about the fourth draft. “The entire process should be about genuine consultation, not just accepting submissions. It would be pointless to submit feedback since they already had the draft prepared. They needed to engage with us to discuss these changes, but it seems they were unwilling to justify their decisions.”
Lockington’s stance highlights an issue that has persisted for over two years, initially brought to light by manufacturer Mike Towler. Speaking from Australia, he criticized the ministry’s delays, stating, “It is the ministry that has been stalling this issue rather than the Fiji Commerce and Employers Federation.” He questioned Lockington’s public statements about the ministry’s inaction regarding negotiations to amend the Employment Relations Act, emphasizing the government’s failure to address the illegitimate process surrounding the increase in the national minimum wage and sectoral wage council adjustments.
The Ministry of Employment has asserted its commitment to “fostering inclusive good-faith dialogue” during the review of the Employment Relations Act. Minister Agni Deo Singh stated that the ministry has been in active consultation with its tripartite partners—including the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress—following the International Labour Organisation Convention on tripartite consultations.
However, Towler refuted this claim, stating, “The Ministry of Employment has been the one acting in bad faith, not the Fiji Commerce and Employers Federation.” Singh and the ministry’s media liaison have not responded to inquiries from SunBiz, as they are currently out of the country.
Towler also raised concerns about the ministry’s competence in managing the proposed Employment Relations Act. He urged Singh to distance himself from his union background, stating, “Has he forgotten that he is no longer merely a union representative? He must act like a minister.” He suggested that it may be time for Singh to resign or be dismissed and replaced by someone capable of fulfilling the responsibilities of a minister effectively.